When someone dies without a will, their estate is handled under intestacy rules. Instead of the person’s wishes guiding distribution, a legal formula is applied. This can be slower and sometimes more stressful for families.
Why it can be harder without a will
- There may be delays while an administrator is appointed
- Families may disagree about what the person would have wanted
- Complex family structures can create uncertainty
- Extra steps may be required to identify and notify beneficiaries
Who manages the estate if there is no will?
Where there is no will, someone must apply to be appointed as the administrator. This is often a close family member, but the process can take time and requires formal steps.
How this relates to probate and administration
In many estates, banks and institutions require formal authority before assets can be accessed. Without a will, this often involves letters of administration.
Frequently asked questions
Can we just ‘agree as a family’ without legal steps?
Families can often agree on practical decisions, but institutions (banks, titles offices, super funds) usually require formal authority before releasing or transferring assets. Without a will, that often means an administrator must be appointed.
Is intestacy always a problem?
Not always — but it can create delays and uncertainty, especially in blended families or where there are competing expectations. A properly drafted will often reduces both stress and administrative steps.
Does intestacy mean the government takes the estate?
Not usually. Intestacy rules set out who may inherit, but the exact outcome depends on family circumstances. Getting advice early can help clarify the likely pathway for your situation.