What happens if you die without a will in Queensland?

TLDR: If you die without a will in Queensland – known as dying “intestate” – the law decides who inherits your estate, not you. Queensland’s intestacy rules follow a fixed order that often surprises people, especially blended families and long-term de facto partners. The fix is simple and cheap: a valid will – and it’s often more affordable than most people expect. Empire Legal’s wills and estates lawyers draft fixed-fee wills from $660 for an individual, or $1,000 for a couple’s will done together in one appointment. Call 07 3088 7675 or book in online.

Here’s a question worth a few minutes of your time: if you died tomorrow without a will, who would actually get your stuff?

In Queensland, you don’t get to decide – the law does. It’s called dying intestate, and the rules that kick in might be a world away from what you’d have wanted. Let’s walk through exactly how it works, and why it’s so easily avoided.

What does “intestate” mean?

Dying intestate simply means dying without a valid will. When that happens, Queensland’s intestacy rules under the Succession Act 1981 decide who inherits your estate and in what share. There’s a strict legal order, and it doesn’t bend for what you would have wanted, what you promised someone, or what you told the family over Christmas lunch.

Who inherits under QLD intestacy rules?

In rough order, your estate passes to:

• Your spouse or de facto partner – and if you also have children, the estate is usually split between your partner and kids under a set formula.
• If no partner, your children.
• If no partner or children, your parents.
• Then siblings, then grandparents, then aunts and uncles.
• If no eligible relatives can be found, your estate can end up going to the State.

An example: how an intestate estate gets split

Say Sam dies without a will, leaving a partner and two kids. Under Queensland’s intestacy rules the partner doesn’t simply get the lot. The estate is generally split – the partner takes the household goods and a set share, and the rest is divided between the children. If those kids are under 18, their share is held in trust until they’re old enough.

Now add a child from an earlier relationship. That child has the same claim as the others, whether or not Sam would have wanted it that way. It’s a neat illustration of why “everyone knows what I’d want” is no match for a will that actually says so.

Who misses out under QLD intestacy?

This is where intestacy gets messy, and where our wills and estates lawyers see the most heartache:

• A de facto and an ex-spouse at once – if you’ve separated but not divorced and you have a new partner, both could have a claim. That’s a recipe for conflict.
• Blended families – stepchildren you helped raise generally don’t inherit under intestacy unless you legally adopted them.
• Unmarried with no kids – your assets may go to parents or siblings, not the partner you’ve lived with for ten years, unless the de facto relationship is recognised.
• No say on guardians – without a will, you also lose the chance to nominate who raises your young children.

Who sorts out the estate?

With no will, there’s no executor named. Instead, a family member usually has to apply to the court for “letters of administration” before they can deal with your assets at all. It’s an extra layer of cost, paperwork and delay – landing on your family right when they’re grieving. An estate lawyer can guide them through it, but it’s slower and dearer than it needed to be.

How to avoid dying without a will

A valid will puts you back in control. You choose who inherits, who manages your estate, and who cares for your kids. And it’s almost always cheaper and quicker than leaving your family to untangle an intestacy. For most people it’s a fixed-fee job sorted in a week or two.

Don’t leave it to the rules. Check out our pricing and have a chat with our will and estate lawyers in Brisbane and on the Gold Coast.

Frequently asked questions

Does my partner automatically inherit everything if I die without a will?
Not always. If you have children, your estate is usually split between your partner and kids. De facto partners may also need to prove the relationship.

What happens to the house?
It depends on how it’s owned. Jointly owned property often passes to the co-owner automatically, but property in your sole name falls under the intestacy rules.

How long does an intestacy take to resolve?
Longer than an estate with a will. Applying for letters of administration adds time, often several months before assets can be distributed.

Can stepchildren inherit?
Generally not under intestacy unless they were legally adopted. A will is the way to provide for them.