When someone dies without a will they are said to have died ‘intestate’. In each jurisdiction in Australia, there are intestacy rules that stipulate how a person’s estate is to be divided if they die without a will.
Here is a handy diagram showing how an estate would be distributed in accordance with the rules of intestacy in Queensland.
When someone dies without a will, an administrator is granted Letters of Administration and is appointed to administer the estate. The role of an administrator is similar to an executor who someone would appoint in their will. The laws in Queensland stipulate who can apply for Letters of Administration. Typically, the deceased’s next of kin applies for letters of administration.
The death of a family member is an emotionally charged time, especially for those sorting out the affairs of the deceased. As experienced estate lawyers, we know the relevant Court rules and processes to obtain a grant of letters of administration to make things easier for you. Check out our fixed fees to obtain letters of administration or book a free chat if you have any questions.