What Happens when Someone Dies without Leaving a Will Behind?

A death is a sorrowful event. But worse is the settlement of the deceased’s estate. If the person has left a will, the administrator, with the help of will and estate lawyers, can have the will probated and the estate will be distributed according to the provisions in the will.

However, if the person has died intestate that is without leaving a will or a will which is not does not cover the entire estate, then the property of the diseased is shared according to the provisions laid down by the law.


Anyone who is above 18 years of age and has rights to a share in the property may reach the the probate office and carry out the distribution of the property. But, the estate of aboriginal persons who die intestate, will west in the Public Trustee as per Aboriginal Affairs Planning Authority Act. The Public Trustee will then make enquiries and if he does not find any one who is entitled to a share in the property, the court will appoint an administrator.

Unsure of the presence of a will

Usually a person who makes a will informs at least one person whom he trusts about the existence of the will and the place where the will is stored. If this has not been done, every effort should be made to search for one.

Usually a will document would be found at the place where the other useful documents and papers are stored, in a bank locker, or with a professional such as Wills Estate lawyers Toowoomba or accountant. If a will is not found after all efforts have been made, the deceased is said to have died intestate.

See here for contesting a will.