When someone dies without a valid Will in Western Australia, their family cannot simply divide the estate according to what they believe the person would have wanted. WA law determines who is entitled to inherit and, in many cases, someone will need legal authority to deal with the deceased person’s assets.
This is known as dying intestate.
Dying without a Will in WA can be fairly straightforward where the family structure and assets are simple. In other cases, questions about a spouse, de facto partner, children, property ownership or other relatives can make the administration of the estate more involved.
The starting point is the Administration Act 1903 (WA), which sets out how an intestate estate is distributed. The current official version of the Act is in force from 18 December 2025.
What Does Dying Without a Will in WA Mean?
A person dies intestate when they die without a valid Will. Intestacy can also arise where a Will does not validly dispose of the whole estate.
In that situation, the deceased person’s estate is distributed according to the rules in the Administration Act rather than according to informal wishes or family assumptions.
That distinction matters. A person may have told a relative that they wanted them to receive a house, vehicle or particular amount of money. Without a valid Will or another legally effective arrangement, those conversations do not by themselves determine how an intestate estate is distributed.
Before looking at who inherits, it is also necessary to work out what actually belongs to the estate. Property ownership, jointly held assets and superannuation can affect that question.
Who Inherits If There Is No Will in WA?
There is no single answer to who inherits if there is no Will in WA. It depends on which relatives survive the deceased and, in some cases, the value of the intestate estate.
The general position is:
| Family situation | General intestacy position in WA |
| Spouse or qualifying de facto partner and children | The partner may receive the whole estate if the relevant net estate is within the statutory amount. For larger estates, the partner receives certain statutory entitlements, and the remaining estate is shared under the formula in the Act. |
| Spouse or qualifying de facto partner, no children, but parents, siblings or children of deceased siblings survive | The partner may receive the whole estate up to the applicable statutory amount. Above that amount, other eligible relatives may also inherit. |
| Spouse or qualifying de facto partner and no relevant children, parents, siblings or children of siblings | The partner generally receives the whole intestate estate. |
| Children but no spouse or qualifying de facto partner | The children, and in some cases descendants of a child who died earlier, inherit according to the statutory rules. |
| No partner or children, but parents survive | The parents may receive all or part of the estate depending on whether siblings or children of deceased siblings also survive. |
| No partner, children or parents | Brothers and sisters, and in some circumstances the children of a brother or sister who died earlier, may inherit. |
| No closer relatives | Entitlement can move to grandparents, followed by uncles, aunts and certain descendants of deceased uncles or aunts. |
| Nobody entitled under the Act | The intestate estate ultimately passes to the Crown. |
The Administration Act contains additional rules about how a deceased child’s share passes to their descendants and how shares are divided between particular relatives.
This is why a family tree alone is not always enough to calculate an entitlement.
What are the Current Intestacy Amounts in Western Australia?
WA’s intestacy amounts changed in July 2025.
Under the Administration (Intestacy Legacy Amounts) Order 2025, the current declared amounts are:
- $546,000 for the relevant entitlement where a spouse or qualifying partner and issue survive
- $815,500 for the relevant entitlement where a spouse or qualifying partner survives, there is no issue, and certain parents, siblings or children of siblings also survive
- $65,500 for particular distributions involving parents and siblings
The current amounts are set by the Administration (Intestacy Legacy Amounts) Order 2025. The Order was published on 4 July 2025, with the new amounts taking effect the following day.
These figures matter because the outcome can change depending on the value of the estate.
For example, where a person leaves a spouse and children, the spouse is entitled to the household chattels and may receive the whole intestate estate where the relevant net value does not exceed the applicable statutory amount.
If the estate exceeds that amount, the spouse receives the statutory amount, applicable interest and a share of the remaining estate. The balance available to the deceased’s issue is then dealt with under the rules in the Act. Where there is only one child, or the surviving descendants of only one child, a specific adjustment to those shares applies.
The amount that matters is the amount applying under the relevant order at the time the person dies. Intestacy thresholds can therefore change over time.
What Should Be Checked First When There Is No Will?
When a family discovers that someone appears to have died without a Will, the first task is not to work out who gets each asset. It is to establish what the estate actually looks like.
Useful early checks include confirming whether a valid Will exists, identifying assets and debts, checking how any real property is registered, identifying surviving spouses, de facto partners, children and other relevant relatives, and looking separately at assets such as superannuation.
It is also necessary to decide whether a Supreme Court grant is required and who should apply to administer the estate.
These steps can uncover issues that are easy to miss at first. A property may be held jointly rather than solely. A person described by the family as a partner may have rights under the de facto provisions. A deceased child may have left children of their own. Superannuation may have a beneficiary nomination that needs separate consideration.
Getting those facts right first makes the intestacy rules much easier to apply correctly.
What About a De Facto Partner?
A de facto partner can have inheritance rights where somebody dies without a Will in Western Australia.
Under section 15 of the Administration Act 1903, where the deceased did not leave a husband or wife, a de facto partner who lived with the deceased as a de facto partner for at least two years immediately before the death can be entitled to the intestate property that a husband or wife would otherwise have received.
The situation needs closer attention if the deceased was still legally married but also had a de facto partner. WA law contains separate rules dealing with these circumstances, including the duration of the de facto relationship and whether the deceased was living with their husband or wife during that period.
That is one reason the expression “next of kin” can be misleading. The person a family regards as closest to the deceased is not necessarily the person who receives the estate under intestacy law.
Next of Kin Does Not Automatically Control the Estate
People often assume that being someone’s “next of kin” gives them the right to manage their affairs after death.
It does not work that way.
Being recorded as next of kin with a hospital, employer or other organisation does not by itself decide who inherits an intestate estate or who has authority to deal with it.
Inheritance is determined by the Administration Act. Authority to administer an estate may also require a grant from the Supreme Court of Western Australia.
So when considering next of kin rights in WA where there is no Will, two different questions need to be answered:
- Who is legally entitled to inherit?
- And who has authority to administer the estate?
They may be related questions, but they are not the same thing.
Letters of Administration in WA
Where a deceased person left a valid Will and appointed an executor, the executor will commonly apply for a Grant of Probate where a grant is required.
Where there is no valid Will, the relevant court grant is generally Letters of Administration.
Letters of Administration give the appointed administrator authority to deal with the deceased estate. Depending on the estate, that can involve identifying and collecting assets, dealing with liabilities, establishing the beneficiaries and transferring or distributing what remains.
The Supreme Court of Western Australia explains that a court grant will commonly be required where the deceased held WA assets such as real estate, bank accounts or shares solely in their name, or owned real estate as a tenant in common. Jointly owned property can be different.
You can read the Supreme Court of Western Australia’s information about deceased estate grants for the Court’s current guidance.
Hoe Lawyers also assists with Probate and Letters of Administration applications, including matters where a person has died without a valid Will.
What Happens to Property Without a Will in Perth?
For a house, apartment, land or other real property, intestacy is only part of the picture. The way the property is registered can determine what happens after an owner dies.
This applies to property in Perth and elsewhere in Western Australia.
1. Joint Tenants
Where two or more people own property as joint tenants, the surviving joint tenant or tenants generally acquire the deceased owner’s interest through the right of survivorship.
Landgate states that the deceased person’s interest automatically passes to the remaining joint owner or owners, although a survivorship application is used to update the land title.
That interest therefore does not pass to family members through the usual intestacy distribution process.
2. Tenants In Common
The position is different where property is held as tenants in common.
Each owner has a separate share. When one owner dies, their share is generally dealt with under their Will or, where there is no Will, under the Administration Act 1903.
Landgate states that an executor or administrator will need to be appointed and Probate or Letters of Administration obtained before documents can be lodged to transfer the deceased owner’s interest.
3. Property In The Deceased’s Sole Name
A property registered solely in the deceased person’s name will generally form part of their estate.
Where there is no Will, an administrator may need Letters of Administration before the deceased owner’s interest can be transferred through Landgate.
Landgate’s official guidance for deceased property owners in Western Australia explains the different treatment of joint tenants, tenants in common and sole owners.
For anyone asking what happens to property without a Will in Perth, checking the Certificate of Title is therefore an important early step. Family relationships alone do not tell you how the property will pass.
Not Every Asset Automatically Falls Into the Estate
Another common mistake is assuming that everything associated with the deceased must be distributed under the intestacy rules.
That is not always the case.
Jointly owned real property held as joint tenants is one example.
Superannuation also needs to be considered separately. A super death benefit may be paid to an eligible beneficiary or beneficiaries or to the deceased person’s legal personal representative. Who can receive it depends on superannuation law, any effective beneficiary nomination and the rules of the particular fund.
The Australian Government’s MoneySmart guidance on super death benefits provides further information about how super may be paid after someone dies.
This means it is safer to identify each asset and its ownership or nomination arrangements before assuming it belongs to the intestate estate.
Debts and Estate Expenses Come Before Distribution
Beneficiaries should not divide an estate as soon as they identify who appears to be entitled to inherit. The estate first needs to be properly administered.
That includes identifying assets and liabilities and dealing with debts and estate expenses before the remaining property is distributed to beneficiaries.
In practical terms, knowing that someone is likely to inherit does not mean they can immediately take a vehicle, withdraw estate funds, or arrange the transfer of a property.
The administrator needs to deal with the estate according to their legal responsibilities.
A Family Provision Claim May Still Affect the Estate
Intestacy legislation provides the starting point for distribution, but it does not necessarily prevent a claim against the estate.
Western Australia’s Family Provision Act 1972 allows certain eligible people to seek provision from a deceased estate where the legal distribution does not make adequate provision for their proper maintenance, support, education or advancement in life.
Whether someone is eligible to make a claim and whether a claim is likely to succeed depends on the individual circumstances.
The current legislation is available through the Family Provision Act 1972 (WA).
Where a potential claim exists, distributing an estate without first understanding the legal position can create additional problems for an administrator.
Is an Intestate Estate More Complicated?
Not every estate without a Will becomes difficult. Some are relatively simple.
The potential difficulty is that there is no executor appointed by the deceased and no valid Will setting out how the estate should be distributed.
The administrator instead has to establish the legal position under the intestacy rules. Where family relationships, asset ownership or beneficiary entitlements are unclear, that can require additional work before any distribution takes place.
A valid Will cannot prevent every possible estate dispute, but it allows a person to nominate an executor and record how they want estate assets to be distributed.
For people considering their own estate planning, Hoe Lawyers provides assistance with Last Wills and Testaments in Perth.
Get Advice About Dying Without a Will in WA
When someone dies without a Will, the important questions are not limited to who the closest relative is. The estate may need to be examined asset by asset, family relationships may affect inheritance rights, and formal authority may be required before property or other assets can be dealt with.
Hoe Lawyers assists clients in Perth and Western Australia with estate matters, including applications for Probate and Letters of Administration.
If a family member has died without a valid Will, getting advice early can help establish who is entitled to administer the estate, who may inherit and what needs to happen before assets are transferred or distributed.
Disclaimer:This article provides general information about Western Australian law only. It is not legal advice and should not be relied on as a substitute for advice about individual circumstances. Information current as at September 2026.
FAQs
What happens when someone dies without a Will in WA?
A person who dies without a valid Will generally dies intestate. Their estate is distributed according to Western Australian intestacy law rather than informal wishes about who should receive their assets. Depending on the assets involved, someone may also need to obtain Letters of Administration from the Supreme Court of Western Australia.
Who inherits if there is no Will in WA?
It depends on the surviving family. A spouse or qualifying de facto partner, children, parents, siblings and certain more distant relatives can inherit in different circumstances. The value of the estate also matters in some situations because WA law uses statutory amounts when determining particular spouse, partner and family entitlements.
Does the eldest child inherit more?
No special intestacy entitlement arises simply because someone is the eldest child. Where children are entitled to inherit, WA law determines their shares. The legislation also contains rules allowing descendants of a child who died before the deceased to inherit in particular circumstances.
Does a spouse automatically get everything if there is no Will in WA?
Not always. A spouse or qualifying de facto partner may receive the whole estate in some circumstances. Where children or certain other relatives survive, and the estate exceeds the relevant statutory amount, other beneficiaries may also become entitled under the Administration Act 1903.
Can a de facto partner inherit without a Will?
Yes, if the requirements of WA law are met. Where there is no surviving husband or wife, a de facto partner who lived with the deceased as a de facto partner for at least two years immediately before death can be entitled to the intestate property a spouse would otherwise have received. More complex rules apply where both a spouse and de facto partner survive.
Can a deceased person’s house be sold without Letters of Administration?
It depends on the ownership structure and circumstances. Where the deceased solely owned the property or held a share as a tenant in common, an appropriate grant will generally be needed before the deceased’s registered interest can be transferred through Landgate. Joint tenancy is different because the surviving joint owner generally acquires the deceased owner’s interest by survivorship.
Does the Government take everything if someone dies without a Will?
No. An estate does not pass to the Crown simply because there is no Will. WA intestacy law first provides for eligible relatives, including spouses or qualifying de facto partners, children, parents, siblings, grandparents and certain other relatives. The Crown becomes relevant only where nobody is entitled under the statutory scheme.