Most people assume their spouse or partner will automatically receive everything if they die without a will. Under Queensland law, that is not always the case, and in some families the outcome can look very different from what the person would have chosen.
Dying without a valid will is called dying intestate. When that happens, Queensland's Succession Act sets out a fixed order of distribution, and the courts appoint an administrator rather than recognising an executor. The rules decide who receives the estate, in what shares, and who is left out entirely.
Our lawyers in Springfield help clients across Greater Springfield and Ipswich with wills, estates and intestacy matters. Here is how intestacy generally works in Queensland, and why the outcome can surprise families who assumed the rules would follow their wishes.
Key takeaways
- Dying without a will means Queensland's Succession Act decides who inherits.
- Stepchildren and in-laws are not included in the intestacy distribution rules.
- A spouse does not automatically receive the whole estate where children also survive.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
What does Queensland's Succession Act say about dying without a will?
When a person dies intestate in Queensland, the Succession Act sets the order in which relatives share the estate, according to the Queensland Public Trustee. The estate is not distributed according to what the deceased person may have wanted, and there is no room for the administrator to exercise discretion on their behalf.
The order runs from spouse and children, down through parents, siblings, nephews and nieces, grandparents, and uncles, aunts and first cousins. An estate cannot be distributed to relatives more remote than first cousins. Where no eligible relatives are found, the estate passes to the Queensland Government.
A beneficiary must survive the deceased by at least 30 days to share in the estate, according to the Queensland Public Trustee. A person who dies within that window does not receive a share, and the estate is distributed as though that person had not survived.
Who is excluded from the intestacy rules?
Several people commonly expected to inherit are excluded entirely from the Succession Act's distribution rules, according to the Queensland Public Trustee. Understanding who is left out is often the most important reason to make a will.
- › Stepchildren: a stepchild has no entitlement under the intestacy rules. They may, in some circumstances, apply for family provision, but they do not automatically inherit.
- › In-laws: parents-in-law and siblings-in-law are not next of kin and are not included in the distribution order.
- › Stepparents: a stepparent has no entitlement, even where they raised the deceased as their own child.
- › Close friends: no matter how close the relationship, a friend has no entitlement under the intestacy rules.
- › Unmarried partners below two years: a de facto partner must have lived with the deceased continuously for at least two years ending on the date of death to share in the estate under the rules.
How much does a spouse receive under Queensland's intestacy rules?
Where only a spouse survives with no children, the spouse receives the entire estate, according to the Queensland Public Trustee. The position changes where children also survive.
Where a spouse and children both survive, the Queensland Public Trustee sets out the shares as at July 2025. The spouse receives the first $150,000 and the household chattels, meaning furniture, pets and other home contents but not vehicles, original artwork or jewellery. Of what remains, the shares depend on the number of children: one child shares equally with the spouse; two or more children share two-thirds of the remainder between them, with the spouse keeping one-third.
De facto partners have the same rights as a spouse under the intestacy rules, provided the relationship was continuous for at least two years ending on the date of death, according to the Queensland Public Trustee. The same rules apply regardless of whether the relationship was same-sex or opposite-sex.
What are the rules for children and other relatives in Queensland?
Children of the deceased share equally in the estate, or in the part of the estate left after the spouse's entitlement, according to the Queensland Public Trustee. Several specific rules affect who is treated as a child.
- › Adopted children: have the same rights as any lawful child, to the estates of adoptive parents and their relatives.
- › Children of unmarried parents: have the same rights as a child born within a marriage, though paternity may need to be proved.
- › Where no children survive: the estate passes to parents, then brothers and sisters, then nephews and nieces, then grandparents, then uncles, aunts and first cousins.
- › Untraced beneficiaries: a share may be held as unclaimed money until the entitled person is found.
How does intestacy administration work in Queensland?
Without a will, there is no executor. Instead, the Supreme Court of Queensland appoints an administrator, usually the next of kin, to deal with the estate, according to Queensland Courts. The administrator has the same powers and duties as an executor once a grant of letters of administration is made.
Step 1: Talk to us
Get in touch and we will explain how the administration process generally works and what the next steps look like for the family.
Step 2: Identify the estate and apply for a grant
We work through all assets, liabilities and any jointly held property, then prepare the application for letters of administration. Before filing, we publish a notice of intention to apply and observe the required waiting periods.
Step 3: Administer the estate
We assist the administrator in collecting assets, paying debts and liaising with financial institutions, the Queensland Revenue Office on any land tax matters, and Titles Queensland on any property transfers.
Step 4: Distribute to those entitled
We calculate and document the shares each eligible person is entitled to under the Succession Act, then distribute the estate and keep the records the administrator is required to maintain.
| Get in touch Need help with being an executor? We're an experienced team who keep you well informed at every stage of the process. Get in touch to discuss your needs. |
When does dying without a will not affect the outcome?
Not every asset falls into an intestate estate. Some assets pass outside the Succession Act's rules regardless of whether a will exists, and understanding this distinction matters for families working through an estate.
Assets that generally pass outside the estate include:
- › Jointly held property: where two people hold real estate as joint tenants, the surviving owner's interest grows automatically on the death. The Succession Act does not apply to that interest.
- › Superannuation: the fund trustee decides who receives the death benefit based on any valid nomination and the fund rules. Superannuation may not necessarily be paid into the estate, according to the Queensland Public Trustee.
- › Life insurance: proceeds go to the named policy beneficiary directly, not to the estate, where a valid beneficiary nomination exists.
This is one situation where the intestacy outcome can differ significantly from what a family expects. A person may have a large superannuation balance that bypasses the Succession Act entirely, while the assets that do fall into the estate are divided under the fixed rules.
Can a family member contest or challenge an intestacy outcome in Queensland?
A person who is not adequately provided for under the intestacy rules may be able to apply to the Supreme Court of Queensland for family provision, under Queensland's Succession Act. The categories of eligible applicants are the deceased's spouse, child or dependant, and each has a time limit to act.
Under Queensland's Succession Act, written notice of an intended application should generally be given to the administrator within six months of the date of death. That notice protects the applicant's position while they decide whether to proceed. Proceedings must then be started within nine months of the date of death, according to Queensland's Succession Act, unless the court otherwise directs. Applications made after that period require the court's leave, which is not automatic.
"A family provision application can be made even where the deceased died intestate. The six month notice period matters even before a decision is made to file, because it protects the applicant's position while the estate is being administered."
Jade Kickbusch, Principal, Brookwater Legal
Frequently Asked Questions
What happens to my estate in Queensland if I die without a will?
The estate is distributed according to Queensland's Succession Act, which sets a fixed order starting with your spouse and children, according to the Queensland Public Trustee. The courts appoint an administrator, usually the next of kin, to deal with the estate.
Does my de facto partner inherit if I die intestate in Queensland?
A de facto partner has the same rights as a spouse under Queensland's intestacy rules, according to the Queensland Public Trustee, but only where the relationship was continuous for at least two years ending on the date of death.
Does a spouse automatically get everything when there is no will in Queensland?
Not always. Where children also survive, the spouse receives the first $150,000 and the household chattels, then shares the remainder with the children, according to the Queensland Public Trustee (as at July 2025). Only where no children survive does the spouse take the whole estate.
Do stepchildren inherit when a parent dies without a will in Queensland?
No. Stepchildren are not included in the intestacy distribution rules, according to the Queensland Public Trustee. In some circumstances they may be able to apply for family provision under Queensland's Succession Act, but they have no automatic entitlement.
What is the time limit to contest an intestate estate in Queensland?
Under Queensland's Succession Act, proceedings for family provision must generally be started within nine months of the date of death. Written notice of an intended application should be given to the administrator within six months of the death.
Do you need a solicitor to administer an intestate estate in Springfield or Ipswich QLD?
A solicitor can prepare the application for letters of administration, identify the eligible beneficiaries under Queensland's Succession Act, and manage the administration and distribution. Our wills and estates solicitors help families across Springfield and Ipswich through the process.
Can superannuation be distributed under Queensland's intestacy rules?
Generally not. Superannuation may not necessarily be paid into the estate, according to the Queensland Public Trustee. The fund trustee decides who receives the benefit based on any valid nomination and the fund's own rules, outside the Succession Act.
Your Next Steps
For families in Springfield and across Greater Springfield, discovering that a loved one died without a will often means working through a process they did not expect and a distribution outcome that does not reflect what the family assumed. The Succession Act is clear on who receives what, but applying it to a real estate, with property, superannuation, debts and multiple potential beneficiaries, takes care and precision.
Every intestacy matter is different, and that's exactly why it's worth a conversation. Make an appointment with the Brookwater Legal team or call (07) 3437 8555.
 |
External Resources
Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
