What happens if you die without a will in SA?
Dying intestate in South Australia triggers statutory rules – not chaos. But those rules often don't match what you'd have chosen.
If you die without a valid will in South Australia, your estate is distributed under the statutory intestacy rules. The court appoints an administrator (not an executor), who administers the estate according to those rules. The outcome is predictable but often doesn't match what the deceased would have chosen.
Court-appointed administrator
No executor means someone must apply for letters of administration. The court follows a statutory priority list – typically spouse, then adult children, then parents. The person appointed must manage the estate but has no discretion about who receives what.
Rigid distribution rules
Intestacy rules apply mechanically. Spouse gets the first slice, children share the rest, nobody else inherits unless those categories are empty. Step-children, longtime friends, charities, and distant family all miss out.
Longer administration
Intestate administration is slower than probate. The administrator needs to identify all eligible beneficiaries, which can take time if there are estranged relatives. Court applications take longer too.
Higher costs
More paperwork, more court applications, more accountant time. An intestate estate often costs 20-50% more to administer than an estate with a clean will.
Family disputes
Intestate estates are prone to family disputes. Adult children who were estranged may seek a share. Former partners may make family provision claims. Distant relatives may demand notice of administration. A will cuts through most of this.
The fix is cheap
A simple will in SA typically costs $550-$850. A family-package will covering both spouses is usually $900-$1,400. Compared to the cost and stress of intestate administration, a will is inexpensive.
Summary
Dying intestate in South Australia triggers statutory rules – not chaos. But those rules often don't match what you'd have chosen.
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Related reading
- Intestate succession: what happens without a will
- Grant of probate vs letters of administration
- Wills service
Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.