When someone dies without a valid will, their estate is described as intestate. Rather than being distributed according to their own wishes, it is distributed according to a statutory formula set out in South Australia’s Succession Act 2023, which commenced on 1 January 2025.
Who inherits on intestacy
The Succession Act 2023 sets out a fixed order for how an intestate estate is shared. A surviving spouse or domestic partner is entitled to a preferential legacy of $120,000 before the remainder of the estate is divided. What happens to the remainder then depends on who else survives the deceased — for example, children, parents or siblings — under a statutory formula. If there is no spouse, domestic partner or children, the estate passes to more distant relatives in a set order, and ultimately to the state only as a last resort.
Who administers the estate
Without a valid will, there is no executor to apply for probate. Instead, someone eligible under a statutory priority order — generally starting with a spouse or domestic partner, then children — needs to apply to the Supreme Court of South Australia for letters of administration before the estate can be dealt with.
Why this matters even if your estate seems simple
Intestacy does not always match what someone would have wanted. Blended families, unmarried partners, and adult children from different relationships are common situations where the statutory formula produces an outcome the deceased would not have chosen. A properly made will lets you decide who benefits, appoint the executor you trust, and reduce the risk of a dispute between family members later.
Frequently asked questions
Does a de facto partner inherit automatically under intestacy?
A surviving domestic partner is generally recognised alongside a spouse under the current intestacy rules, but eligibility depends on meeting the legal definition of a domestic partner, which is worth confirming rather than assuming.
What if I want to avoid my estate being distributed this way?
The only reliable way to control how your estate is distributed is to have a valid, up-to-date will. See our page on Wills, Enduring Powers & Advance Care.
If someone has died without a will, see our page on Letters of Administration for the application process, or contact WPI Lawyers to discuss your situation.