When a parent dies without a will, the family has to deal with grief and paperwork at the same time, often without knowing who is allowed to make decisions. It’s more common than people think, and it’s manageable. The law has a set of rules for exactly this situation.
First, check there really is no will
Before assuming there’s no will, look carefully. Check Dad’s papers at home and any safe custody arrangement with a bank, and ask the solicitors and accountants he used, including ones from years ago. Firms often hold original wills for decades. A will found later can change everything, so the search is worth the time.
Who manages the estate
Without a will, nobody has been appointed as executor. Instead, someone, usually the surviving partner or an adult child, applies to the Supreme Court of Victoria for letters of administration. Once granted, that person, the administrator, has authority to collect the assets, pay the debts and distribute what’s left.
Until then, nobody has the legal authority to sell property or close accounts. Banks will usually release only small amounts without a grant.
Who inherits
In Victoria, the intestacy rules decide who receives the estate. In broad terms:
if there’s a partner and all the children are also the partner’s, the partner usually receives the whole estate;
if some children are from another relationship, the estate is shared between the partner and the children under a formula;
if there’s no partner, the children share equally;
if there’s no partner or children, the estate passes to parents, then brothers and sisters, then more distant relatives.
Superannuation and jointly owned property often sit outside the estate and pass by other rules, so they’re worth checking separately.
What the family should do now
keep the house secure and insured, and keep paying essential bills;
don’t divide up belongings, even small ones, until the estate is sorted;
gather bank, super, insurance and property documents;
make a list of debts, including credit cards and any loans.
How long it takes
A straightforward estate with a grant of letters of administration usually takes six to twelve months from start to final distribution. Estates with property to sell, a business, assets overseas or a family disagreement take longer. Administrators are usually advised to wait at least six months after the grant before distributing, because that’s the period in which most claims against an estate have to be made.
When families disagree
The intestacy rules can produce results that feel unfair, particularly in blended families or where someone cared for Dad for years. In some cases, people who depended on him can apply for further provision from the estate. Time limits apply, so it’s worth raising early.
Henry or Ella will meet with the family, explain who is entitled to what and handle the application for letters of administration. You’ll get a checklist of what to gather and a clear idea of how long it will take.
