If someone dies without a will, it can be hard to work out who should apply for permission to deal with the deceased's estate. The law sets out how their property will be shared out after all the debts have been paid. When a person dies without leaving a will , they are said to have ‘died intestate’. Intestacy also occurs when a deceased person has left a will that only deals with part of their estate, or the will is not valid. Generally, anyone over the age of 18 who is entitled to a share of the estate can apply to the Probate Office of the Supreme Court to administer and distribute the property. This is called applying for letters of administration and gives the person authority to deal with the estate. Legal Aid WA does not help with inheritance issues including letters of administration. You may be able to pay someone to help you apply for letters of administration by contacting: Citizens Advice Bureau A fee is payable. Visit the website to see what the fee is to get help with letters of administration. The Law Society of WA which has a directory of members you can use to find a lawyer who specialises in this area of law. Alternatively, those entitled to apply for letters of administration can ask the Public Trustee to administer the estate. A fee is payable. This information may help you to understand how to go about dealing with someone’s estate if they died without a will. What happens if someone dies without a will? If a person dies without a will, the law sets out how their property will be shared after all the debts have been paid. The Administration Act 1903 (WA) sets out the rules about how the property is shared. The rules are complicated and change, depending on: the value of the estate, and the type and number of family members the deceased had.

De facto partners have inheritance rights under the Administration Act . You will need to establish that your relationship was a de facto relationship . If you lived as a de facto partner with the deceased for at least two years immediately before their death, you are entitled to a share in the estate in certain circumstances. If your partner dies without a will, you should seek legal advice about your rights. Who can apply for permission to deal with the deceased's estate if there is no will? Without a will, it can be hard to work out who should apply for permission to deal with the deceased's estate. Applying to the Probate Office of the Supreme Court for letters of administration gives a person authority to deal with the estate. Normally, the married or de facto partner of the deceased (or their next of kin) should apply for letters of administration. If a person entitled to a share of the estate is not available, the court can appoint another person or body as administrator of the estate. Applying for letters of administration is complicated and may require a lawyer. Infosheet - Dying without a will More information Supreme Court of WA - Wills & Probate Reviewed: 1o March 2026 De facto relationships Temporary disruption to our web-based InfoChat operations. The “Chat with us!” live chat function will be available on Tuesdays, Thursdays, and Fridays from 9 am to 4 pm. The “Legal Information” InfoChat is still available 24/7. The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.