Intestacy Queensland: What Happens When There's No Will

Finding out someone died without a valid will throws everything into uncertainty. In Queensland, the Succession Act 1981 imposes a rigid distribution hierarchy that determines exactly who gets what — and it's rarely what families expect. The surviving spouse does not automatically inherit everything.

How Queensland Distributes an Intestate Estate

The Succession Act 1981 sets out a fixed priority order. You can't negotiate or deviate from it without a court order.

If there's a surviving spouse and no children: The spouse inherits the entire estate.

If there's a surviving spouse and children (all from the same relationship): The spouse receives the household chattels, the first $150,000 of the estate, and one-half of the remainder. The children share the other half equally.

If there's a surviving spouse and children from different relationships: The spouse receives the household chattels, the first $150,000, and one-third of the remainder. The children share the remaining two-thirds equally.

If there's no surviving spouse: The estate passes to the children equally. If no children, it goes to the parents. Then siblings, then grandparents, then aunts and uncles, following a strict hierarchy all the way down.

These are hard rules — the deceased's verbal wishes, a handwritten note that doesn't meet legal requirements, or family agreements have no legal weight.

The 30-Day Survivorship Rule

Section 33B of the Succession Act 1981 adds another complication: a beneficiary must survive the deceased by 30 clear days to inherit. If a spouse or child dies within 30 days of the deceased, their share doesn't pass to their own estate — it's redistributed as if they had predeceased.

This rule prevents double administration of the same property and reduces double taxation when family members die in close proximity. Executors must pause any major decisions until this 30-day window has elapsed.

Applying for Letters of Administration

Without a will, nobody has automatic authority to deal with the estate's assets. The highest-ranking person in the intestacy hierarchy must apply to the Supreme Court of Queensland for "Letters of Administration" — the intestacy equivalent of a Grant of Probate.

The process is similar to probate:

1. Publish a Notice of Intention (Form 103) in the Queensland Law Reporter — $161.70, submitted by Monday 3:30 pm for Friday publication
2. Serve the notice on the Public Trustee of Queensland
3. Wait 14 clear days after publication
4. File the application using Form 102 (not Form 101, which is for probate with a will), along with Form 109 (Affidavit of Next of Kin), Form 104, and Form 105
5. Pay the filing fee — $819.90 (concession: $149.60)

Form 109 is the critical difference: it establishes the family hierarchy, identifies all potential beneficiaries, and confirms your entitlement to administer. Getting this affidavit wrong is the most common reason intestacy applications get rejected.

The Small Estate Shortcut

If the total estate value is under $150,000 and there's no complex real estate, the Public Trustee of Queensland can bypass the Supreme Court process entirely. Under Section 30 of the Public Trustee Act 1978, the Public Trustee files an "Election to Administer" for small estates. Their service fee for full estate administration is approximately $3,239.60, which is worth considering if the alternative is hiring a solicitor for $2,000–$5,000 plus the same court outlays.

Family Provision Claims

Even under intestacy, the distribution isn't necessarily final. Under Part 4 of the Succession Act 1981, eligible dependants — a spouse, child, stepchild, or financial dependant — can apply to the court for a greater share if they believe they weren't adequately provided for. This is why administrators are routinely advised to wait at least six months from the date of death before making final distributions. Distributing too early and facing a successful family provision claim means the administrator is personally liable to cover the shortfall.

What to Do First

If you've confirmed there's no will, your immediate priorities are:

1. Secure the deceased's assets — lock the property, freeze bank accounts (by notifying the bank of the death), verify insurance
2. Determine the estate's value — this tells you whether you need a formal court application or can use the Public Trustee shortcut
3. Identify all potential beneficiaries — the Succession Act hierarchy is strict, and missing a beneficiary creates serious legal problems later

For a complete workflow covering the intestacy application, distribution calculations, and the creditor notice requirements under the new Trusts Act 2025, the Queensland Estate Settlement Guide provides step-by-step instructions built specifically for families navigating an estate without a will.

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