What happens if your loved one passed away without leaving a will?
You’ll need something called letters of administration to sort out the deceased estate. This Supreme Court document gives you the legal right to access accounts and transfer property to family members.
At Securator Legal, we support Queensland families through these succession law proceedings, and we often meet people who assume the surviving spouse automatically inherits everything.
This article will explain the whole process. You’ll learn who can apply, the required documents, and when to seek advice, so you’re left with no confusion.
First, we’ll look at Queensland’s intestacy rules and what happens without a will.
Understanding Intestacy Rules and the Intestate Estate in Queensland
Intestacy happens when someone passes away without leaving a valid will. The deceased estate then gets divided up according to Queensland law, specifically the Succession Act 1981. What’s important here is the legal relationship you had with the person (not how emotionally close you were to them!).
So, what does this mean in practice?
How the Intestacy Rules Work Under QLD Law
Queensland has clear rules about who inherits when there’s no will. The law works through a priority list, starting with the closest family members first. Here’s what you need to know about each category.
Surviving spouse
If the deceased person has no children, the surviving spouse gets the whole estate. But if there are children, the spouse receives the first $150,000 and keeps all the household belongings, like furniture and personal items. They are also entitled to one-third of the remaining estate.
Children
When there’s no spouse around, the children split everything equally between them. So if there are three kids, each gets a third. But when both a spouse and children exist, the children share two-thirds of the remaining estate after the spouse takes their portion. Again, each child gets an equal share regardless of age or circumstances.
Adopted children
In Queensland, adopted children inherit just like biological children. The law treats them identically for all inheritance purposes.
Stepchildren
Unlike adopted children, stepchildren don’t inherit anything automatically under intestacy rules unless they were legally adopted. In-laws and stepparents also fall into this same category.
De facto partners
Now, de facto partners (unmarried partners) have the exact same rights as married spouses, but they need to prove the relationship first. Evidence often includes at least two years of living together, joint finances, and shared property.
Extended family
The law keeps moving down the family tree if there’s no spouse or children. Parents come next. If both parents have already died, then siblings inherit everything equally. After that come grandparents, then aunts and uncles. The line stops at first cousins, though.
One more thing to remember: beneficiaries must survive the deceased person by at least 30 days to inherit. If none are eligible, the entire estate goes to the Queensland Government.
Now, we can move on to how you can apply for letters of administration in QLD and what it involves.
How to Apply for Letters of Administration in Queensland
Usually, the closest living relative applies for letters of administration. This person is normally the surviving spouse, an adult child, or whoever comes next in the legal order we talked about earlier.
There are several stages to getting letters of administration, and each has its own rules. If you skip a step, you could face weeks (or even months) of delay, so follow these steps carefully.
1. Gather required documents
Start by collecting the death certificate from the Registry of Births, Deaths and Marriages. You’ll need a certified copy (a photocopy won’t do).
Next, make a complete list of everything the person owned. That includes bank accounts, property, shares, and superannuation. Don’t forget to grab copies of your own ID documents while you’re at it.
2. Publish notice online
You might find this surprising (like most people), but the law requires you to advertise your plan to apply in the Queensland Law Reporter. It costs $161.70 and comes out every Friday.
After your notice appears, you must wait at least 14 days before filing your actual application. This waiting period gives creditors and anyone else with a claim a chance to speak up.
3. Prepare affidavits and Supreme Court forms
Now comes the paperwork. You’ll fill out Form 102 for intestacy cases and Form 109, which is basically your sworn statement.
These forms ask for your relationship to the deceased, details about other family members, and an estimate of the estate’s value. You need to type all these details so the forms are clear and easy to process.
4. File with the QLD Supreme Court
Once everything is prepared, take your completed application and all the documents you’ve gathered to the Supreme Court registry. You have the option to submit in person, by post, or online, and the filing fee is collected upon lodgment.
5. Wait for court approval
Now, all you need to do is wait for the court to review your application.
If they find problems, they’ll send you what’s called a requisition notice. That’s just their way of asking you to fix errors or send more information. Once they’re happy with everything, the court emails you the grant electronically.
For most straightforward cases, this whole process takes somewhere between 6 and 12 weeks. But if the estate is complicated or family members start arguing about things, you’re looking at several months instead.
Money-wise, you’ll pay $819.90 to file with the Supreme Court and $161.70 for that notice in the Queensland Law Reporter. And if you hire a solicitor, fees will depend on the estate’s details. Fortunately, you can often recover all these costs from the estate after the grant.
Seek Professional Guidance for QLD Deceased Estates
Handling a deceased estate can get complicated, especially with multiple properties, business interests, or family disputes over who should apply for letters of administration in QLD.
Getting legal help can make the process easier. They ensure the application is accurate, which speeds up the process and protects you from debt liability.
Our team at Securator Legal can help your family work through the whole process during difficult times. Contact us today for expert guidance on managing your deceased estate fairly and efficiently.
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