Dealing with the loss of a loved one is never easy—but things can become even more complicated if they pass away without a valid Will tucked in their drawer or with no executor appointed. Without formal instructions on what to do with their estate, you may feel lost and overwhelmed. In Queensland, this situation is called dying intestate, where the estate will be distributed according to intestacy rules under Queensland law. Let us walk you through the process and help you understand what you must do.

Who Becomes the Estate Administrator Without a Will?

Without a Will, there’s no appointed executor. Instead, a close family member—usually the spouse, de facto partner, adult child, or parent—can apply to the Supreme Court of Queensland for what’s called Letters of Administration. Once granted, this person becomes the administrator of the estate and is legally responsible for:

Identifying and collecting the deceased’s assets
Paying off any outstanding debts and liabilities
Distributing the estate under Queensland intestacy laws

Unlike an executor who follows instructions left in a Will, an administrator must strictly follow legal guidelines on asset distribution under the Queensland intestacy laws.

How Assets Are Distributed: Intestate Succession in QLD

The order of inheritance is governed by intestate succession rules in Queensland. Here’s how the assets of a deceased with no Will are typically distributed and divided:

1. Spouse or De Facto Partner

If the deceased has no children, the entire estate typically goes to the surviving spouse or de facto partner.

If there are children, the spouse may receive:

The first $150,000 of the estate (known as the statutory legacy)
Household chattels
A portion of the remaining estate, with the rest going to the children

2. Children

If the deceased had children from a previous relationship, all of the deceased’s children share in the estate if there’s no surviving spouse. If there is a surviving spouse, the children will share the estate with the spouse, depending on the size of the estate.

3. No Spouse or Children

The estate goes to the next eligible relatives in this order:

Parents
Siblings
Nieces and nephews
Grandparents
Aunts and uncles
Cousins

4. No Eligible Relatives

If no eligible relatives can be found, the estate is passed to the State of Queensland as bona vacantia.

Steps to Take When Someone Dies Without a Will in QLD

Register the Death
Apply for the official death certificate through the Queensland Registry of Births, Deaths and Marriages.
Identify the Assets
List all known assets such as property, bank accounts, shares, and superannuation.
Apply for Letters of Administration

Apply with the QLD Supreme Court. You’ll need supporting documents, including the death certificate, details of the estate and the evidence of your relationship to the deceased.

Advertise Your Intent
You must publish a notice of intention online at least 14 days before filing your application.
Wait for Court Approval
Once Letters of Administration are granted, the administrator can begin managing the estate.
Pay Debts and Distribute Assets
Clear outstanding debts and distribute the remaining assets according to the order set by Queensland’s intestacy rules.

Do You Need Legal Help?

Managing a deceased estate with no Will can be emotionally and legally complex. Engaging a solicitor can help you:

Navigate court applications
Ensure proper identification of beneficiaries
Avoid family disputes or delays

This is particularly important if the estate is large, involves minor children, or if there’s disagreement over who should be the administrator.

Speak to Our Succession Lawyers to Learn More

When someone dies with no Will, understanding the role of the administrator and the QLD intestate succession process is essential to simplify the asset administration process. Taking the right steps early can help prevent delays, legal disputes, and emotional strain during an already difficult time.

Remember that you can always speak to a legal expert to ensure your actions align with state laws—and the wishes your loved one would have wanted had they created a Will. Contact Bradley & Bray to get legal advice tailored to your situation.

Disclaimer: This article is general in nature and does not constitute legal advice. If you require legal advice in relation to your personal circumstances, you must formally engage our firm or another firm to provide legal advice in relation to your matter. Bradley & Bray lawyers take no responsibility for any use of the information provided in this article.