Intestacy and letters of administration
When someone dies without a valid will, the law decides.
If a person dies without a valid will, their estate passes under the intestacy rules in Queensland’s Succession Act — regardless of what they might have wanted. Someone must apply to the Supreme Court for letters of administration before the estate can be dealt with. The same applies where there is a will but no executor able to act.
Spouse, no children
- Spouse receives the whole estate
Spouse and one child
- Spouse: household items and the first $150,000
- Then half of the rest each
Spouse and two or more children
- Spouse: household items and the first $150,000
- Spouse: one third of the rest
- Children share two thirds
Children, no spouse
- Children share equally
- A deceased child’s share passes to their children
No spouse or children
- Parents, then brothers and sisters
- Then grandparents, aunts and uncles, and cousins
No relatives
- The estate passes to the State
A de facto partner counts as a spouse generally after two years of living together, but may need to prove the relationship. A legal spouse and a de facto partner can both have claims.
Stepchildren do not inherit under the intestacy rules, but they may be able to make a family provision claim.
A surviving spouse may be able to take the home as part of their entitlement, but must act within set time limits.
The person with the best entitlement usually applies, after publishing a notice. Others may need to consent or be notified.
Letters of administration with the will annexed are needed if the executor has died, refuses or cannot act.
Family members who receive little or nothing under intestacy may still apply to the court within the time limits.
- Disputes about who has the right to apply
- Uncertain de facto relationships
- Blended families where stepchildren are left out
- Missing relatives who are entitled
- Assets dealt with before a grant is made
- Spouse missing the deadline to take the home
How we help — our difference
We work out who is entitled, apply for letters of administration and administer the estate through to distribution. Your matter is handled personally by an experienced solicitor. And if you do not have a will yourself, we can make sure your family is not left in this position.
- Letters of administration applications
- Entitlements worked out and explained
- Estate property transferred or sold
- Making your own will
Someone died without a will? Talk to us.
A short first phone call is free. Detailed advice on your situation is given at a paid consultation, by appointment.
General information only, current as at October 2026 — not legal advice for your situation. Laws, fees and duty rates change, so we confirm the current position before advising you. Official information: Queensland Courts.