Wills & estates

What Happens If Someone Dies Without a Will in WA?

When a person dies without a valid will, they die intestate. Their estate is distributed under the Administration Act 1903 (WA) rather than according to informal family wishes. An appropriate person—often a beneficiary—may need letters of administration from the Supreme Court before dealing with estate assets.

Key points

  • The law determines beneficiaries and shares.
  • A spouse does not necessarily receive every asset in every family structure.
  • Jointly owned assets may pass outside the intestate estate.
  • The administrator must identify relatives, assets and liabilities.
  • Competing applicants or uncertain family relationships can complicate the grant. Prepare the death certificate, family tree, marriage and birth records, asset and debt information, title searches and any document that might be an informal will. Do not distribute property merely because relatives agree. Book a letters-of-administration consultation.

Sources

Written for general information and reviewed by Vinh Nguyen, Principal Lawyer. Western Australia law. This is general information, not legal advice about your circumstances.

Ready to discuss the next step?Request a consultation in English or Vietnamese.
Book a consultation