What does it mean to die intestate in Australia?

Dying intestate means a person has passed away without leaving a valid Will. When this happens, there are no legally binding instructions for how the estate should be distributed, and assets are divided according to state intestacy laws.

How is an estate distributed if there is no Will in NSW?

In New South Wales, the Succession Act 2006 governs the distribution. The law prioritises close family members, usually starting with the spouse and children. If no immediate family can be found, extended relatives like parents or siblings may inherit. If no living relatives exist, the government may claim the estate.

Who manages the estate when someone dies without a Will?

Typically, a court-appointed administrator takes on the responsibility of managing the estate. They are responsible for identifying assets, ensuring all debts are paid, and distributing the remaining assets according to the law.

Are superannuation and life insurance automatically included in an intestate estate?

No, superannuation and life insurance do not necessarily form part of the estate. These assets often require separate claims and may be distributed outside of the intestacy process.

What are the first steps to take if a loved one dies without a Will?

The first step is seeking legal advice from estate lawyers who specialise in intestacy. You will need to identify and assess all assets, including bank accounts, real estate, and personal possessions, and begin the formal legal process for administration.