What Happens If I Die Without a Will in South Australia?

Dying without a Will in South Australia means the Succession Act 2023 (SA) takes control of your estate. Your Adelaide home, regional property, investments, bank accounts, and personal possessions are distributed according to South Australia’s strict intestacy rules — regardless of what you wanted or discussed with family. Learn more: How to make a Will in South Australia

For South Australians — from Adelaide and the Hills to the Barossa, Fleurieu, Yorke and Eyre Peninsulas, the Riverland, and regional centres like Mount Gambier, Whyalla and Port Augusta — dying intestate creates real problems: most bank accounts in the deceased’s sole name are usually frozen for months, costly Supreme Court of South Australia applications, family conflicts over inheritance, and assets split in ways you’d never choose.

This guide explains exactly how SA intestacy works under the new law, who inherits what, and how creating a Will protects your estate from these outcomes. For a full national overview of what happens when someone dies without a Will in Australia, see what happens if you pass away without a Will in Australia.

In Short — What Happens If You Die Without a Will in SA?

Many families are surprised to learn that without a Will, the law makes all the decisions — not you. Here’s what you need to know:

• New law since 1 January 2025 — intestacy is now governed by the Succession Act 2023 (SA), which replaced the old Administration and Probate Act 1919, the Wills Act 1936 and the Inheritance (Family Provision) Act 1972.
• The law decides who inherits — not you. Your personal wishes, conversations with family, or informal notes have no legal effect.
• The spouse’s fixed sum went up — the preferential legacy a surviving partner receives before the estate is divided rose from $100,000 to $120,000.
• Blended families are treated very differently — step-children who aren’t legally adopted receive nothing under intestacy, and children from another relationship may get far less than you’d want.
• Bank accounts may be inaccessible for months — most sole-name accounts are usually frozen until court processes complete.
• Your family must apply to the Supreme Court of South Australia — there’s no automatic executor, so someone must go through the Letters of Administration process.

Most people assume things will “just work themselves out” — they usually don’t. Creating a Will gives you control and protects your family from these complications.

Understanding SA Intestacy Laws

In South Australia, dying intestate triggers Part 5 of the Succession Act 2023 (SA) — a set of statutory rules that override your personal wishes completely. This is genuinely new territory: on 1 January 2025 the Succession Act 2023 replaced three separate laws that had governed Wills and estates for decades — the Administration and Probate Act 1919, the Wills Act 1936, and the Inheritance (Family Provision) Act 1972. While SA intestacy rules now follow the Succession Act 2023, the basic principle is similar across Australia — learn more in our complete Australia-wide guide to dying without a Will.

Why SA’s Intestacy Laws Matter

The Succession Act sets a fixed order of relatives and fixed formulas that may not reflect your modern family. Many South Australians are surprised to discover that:

• Their partner of two years may not automatically qualify — SA uses a 3-year test
• Step-children they’ve raised for years receive nothing under intestacy
• Their estate may be divided in ways they never intended
• Court processes can take months, leaving families without access to funds

The harsh reality: Conversations with family, handwritten notes, or informal documents not intended as a Will generally have no legal effect (although the Supreme Court can, in limited circumstances, accept an informal document as a Will). Only a valid Will reliably overrides the intestacy rules.

Without a Will, your estate has no automatic executor. Family members must apply to the Supreme Court of South Australia for Letters of Administration — a legal process that commonly freezes most bank accounts held solely in the deceased’s name and blocks property transfers.

What this means in practice:

• Your loved ones may have no access to funds for months, even for urgent expenses
• Property sales are delayed until court processes complete
• Legal costs are deducted from the estate before anyone inherits

Want the details on the court process? Jump to Letters of Administration.

Who Inherits if You Die Without a Will in SA?

Under the Succession Act 2023 (SA), South Australia follows a strict statutory order to decide who receives your estate. The exact distribution depends on which relatives survive you:

SA Intestacy Distribution Order

1. Spouse or domestic partner (or, in some cases, both)
2. Children (biological or adopted; a deceased child’s share passes to their own children)
3. Parents
4. Siblings (and their children)
5. Grandparents
6. Aunts and uncles, then first cousins
7. Children of first cousins — a class added by the Succession Act 2023 (SA)
8. The Crown (if no relatives are found; bona vacantia is uncommon but can occur)

How Your Estate Is Distributed in SA

Spouse or Partner Only (No Children)

If you die without a Will in SA and are survived by a spouse or domestic partner but no children, they inherit the entire estate.

Example: Priya lives in Adelaide’s inner north and dies without a Will. Her partner David inherits her entire estate — including their shared home, her investment portfolio, superannuation (if not separately nominated), and all personal belongings.

Spouse or Partner and Children — Estates Worth $120,000 or Less

If you leave a spouse or domestic partner and children, and your estate is worth $120,000 or less, your partner still inherits the whole estate. Because the estate does not exceed the preferential legacy, the children receive nothing under intestacy.

Spouse or Partner and Children — Estates Worth More Than $120,000

This is where SA intestacy can create unexpected outcomes for families — especially blended families. If your estate is worth more than $120,000, it is divided as follows:

• Personal belongings: Your spouse or partner receives all your personal belongings (including sentimental items and motor vehicles)
• Preferential legacy: Your spouse or partner receives the $120,000 preferential legacy
• Remainder: Whatever is left is split 50/50:
  • 50% to your spouse or partner
  • 50% shared equally among all your children

SA Example: Robert lives in the Adelaide Hills with his second wife Catherine. He has two adult children from his first marriage. Robert dies without a Will, leaving a net estate (after debts and costs) of $600,000.

• Catherine receives: all personal belongings + the $120,000 preferential legacy + 50% of the $480,000 remainder ($240,000) = approximately $360,000 plus personal belongings
• Children (combined): 50% of the remainder = $240,000, or $120,000 each

Note: Figures are indicative and rounded. If the estate is worth $120,000 or less, the spouse or partner receives the entire estate and the children receive nothing under intestacy.

Learn more: Does a spouse automatically inherit everything in Australia?

Children Only (No Spouse or Partner)

If you die without a Will in SA and have children but no spouse or partner, your children inherit the estate in equal shares. If a child has already died leaving children of their own, those grandchildren take the share their parent would have received (this is called per stirpes distribution).

Example: Thomas lives in Mount Gambier and dies without a Will. He has three adult children. Under SA intestacy laws, each child receives an equal one-third share of his estate.

Parents, Siblings, and Extended Family

If you die without a Will in SA and have no spouse, partner, or children, your estate passes down a fixed order:

1. Parents (equally if both survive)
2. If no parents: Siblings (equal shares; a deceased sibling’s share can pass to their children)
3. If no siblings: Grandparents
4. If no grandparents: Aunts and uncles, then first cousins
5. If none of those: the children of first cousins (a class added by the Succession Act 2023 (SA))
6. If no relatives found: The Crown (bona vacantia)

The $120,000 Preferential Legacy in SA

The preferential legacy is a fixed sum a surviving spouse or domestic partner is entitled to receive before the rest of the estate is divided. It only becomes relevant when the deceased leaves a partner and children — in the partner-only scenario, the partner simply takes the whole estate.

• Current amount: $120,000 for deaths on or after 1 January 2025.
• What changed: Under the old Administration and Probate Act 1919 this figure was $100,000 and had been frozen for decades. The Succession Act 2023 (SA) lifted it to $120,000 as part of the 2025 reforms.
• How it’s set: It is fixed at $120,000 by section 105 of the Succession Act 2023 (SA), but the Act allows a higher amount to be prescribed by regulation — so it is not automatically indexed to inflation the way NSW and Queensland index their statutory legacies.
• It can accrue interest: if the preferential legacy isn’t paid within 12 months of death, interest accrues on the unpaid amount at the prescribed rate from the first anniversary until it’s paid (section 99 of the Succession Act 2023 (SA)).
• Small estates: If the estate is worth $120,000 or less, the spouse or partner receives everything, and the children receive nothing under intestacy.

In a blended family, this fixed sum can mean the deceased’s own children from an earlier relationship receive far less than expected — or nothing at all if the estate is modest.

Domestic Partners in SA

Domestic partners are recognised under SA intestacy laws — but South Australia’s test is stricter and more procedural than the eastern states, and this catches many people out.

A domestic partner is someone who was either:

• in a registered relationship with the deceased under the Relationships Register Act 2016 (SA); or
• declared by the Supreme Court to have been a domestic partner under the Family Relationships Act 1975 (SA).

For an unregistered relationship, the usual test is that you:

• lived together continuously for at least 3 years (not 2 years, as in NSW and Victoria), or
• lived together for periods totalling 3 years within a 4-year period, or
• had a child together.

SA Example: Sophie and Mark live together in Adelaide for two and a half years and are not in a registered relationship. Sophie dies without a Will and they have no children together. Because they have not reached the 3-year threshold, Mark may not qualify as a domestic partner, and Sophie’s estate could pass to her parents instead — leaving Mark with no automatic inheritance rights.

Important: An unregistered partner generally has to apply to the Supreme Court for a declaration that they were a domestic partner at the date of death before they can inherit. That takes time, costs money, and requires evidence (shared finances, common residence, mutual commitment). A Will removes all doubt and ensures your partner is protected.

A Spouse and a Domestic Partner at the Same Time

South Australia has a clear rule for when someone leaves both a legal spouse and a domestic partner — for example, a person who is still legally married but has also been living in a qualifying domestic partnership. This is governed by section 106 of the Succession Act 2023 (SA).

• A spouse and a partner, no children: They share the estate equally, including the personal belongings.
• Personal belongings: If the spouse and partner cannot agree on how to divide personal belongings, the administrator may — after giving three months’ notice — sell them and split the proceeds equally.

SA Example: James is separated but not divorced from his wife, and has been living with a domestic partner in Adelaide for several years. If James dies without a Will, both may qualify to share his estate. Sorting out who gets what — especially sentimental items — is exactly the kind of costly, stressful dispute a simple Will avoids.

Separated but Not Divorced

Many people assume that once they separate, their ex no longer inherits. Under SA intestacy that is not automatically true.

• Separation alone does not remove a spouse’s or partner’s entitlement — a separated husband or wife can still inherit under intestacy.
• Divorce ends the marriage, but it does not distribute your estate for you.
• One key exception: under the Succession Act 2023 (SA), a separated spouse or domestic partner is not entitled to your intestate estate if a valid financial agreement under the Family Law Act 1975, entered into on or after 1 January 2025, was in force just before your death.

The only reliable way to control what a separated (but not divorced) partner receives is to make a new Will that reflects your current wishes.

Blended Families and Step-Children in SA

Step-children who haven’t been legally adopted are not included in SA’s statutory order of distribution. This can create difficult situations for blended families. For Australia-wide Will planning with step-children, competing priorities, property titles, and super, see Blended family Wills in Australia.

SA Example: Linda lives in Adelaide with her husband Paul. Linda has a step-son from Paul’s previous marriage whom she has raised for 10 years and considers her own child. Linda dies without a Will. Her step-son receives nothing under SA intestacy laws, despite the close relationship and years of care.

Exception: Step-children may be eligible to make a family provision claim under Part 6 of the Succession Act 2023 (SA). In fact, the 2023 reforms broadened the circumstances in which a step-child can apply (while tightening eligibility for some other relatives, such as former partners, grandchildren, siblings and parents).

However, family provision claims are expensive, time-consuming, and uncertain — outcomes are not guaranteed. Creating a Will that explicitly names step-children as beneficiaries avoids this uncertainty entirely.

How SA Intestacy Affects Your Assets

Bank Accounts in SA

Most bank accounts held solely in the deceased’s name will usually be frozen upon death if there’s no Will. While banks have discretion, they commonly freeze sole-name accounts to protect the estate until Letters of Administration are granted — a process that can take months.

Joint accounts: Joint accounts usually remain accessible to the surviving account holder, though banks may restrict large withdrawals until the estate is administered.

Critical exception: Most banks will release funds directly to funeral homes for burial or cremation costs from sole-name accounts if you provide a death certificate and funeral invoice. All other funds in sole-name accounts remain inaccessible during the administration period.

What this means in practice:

• Your family may have no access to money for months while waiting for court processes
• Even urgent expenses like mortgage payments or medical bills may be delayed
• Joint accounts remain accessible, but sole-name accounts are usually frozen

SA Property Distribution

Sole ownership: Property you own individually (whether in Adelaide, the Hills, the Barossa, or regional SA) becomes part of the intestate estate.

This often comes as a shock to partners — property may need to be sold to allow the estate to be divided according to SA’s statutory formulas. This means a family home might be sold even if a spouse and children still live there, because assets may need to be converted to cash for distribution.

A partial protection: the Succession Act 2023 (SA) gives a surviving spouse or domestic partner a right to elect to acquire the deceased’s interest in a home they were living in, at its value as at the date of death — but this is a formal process with notices and timeframes, and Court authorisation is needed in some cases. It is not an automatic outcome.

Joint tenants vs tenants in common: This distinction matters critically in SA:

• Joint tenants: The surviving owner automatically inherits the full property (bypasses intestacy entirely)
• Tenants in common: Your share becomes part of the intestate estate and is distributed according to SA’s statutory order

Real SA scenario: An Adelaide couple owns their home as tenants in common (50% each). One partner dies without a Will. The deceased partner’s 50% share becomes part of the intestate estate and must be distributed according to SA’s statutory formulas — potentially forcing a sale or requiring the surviving partner to buy out the deceased’s share from other beneficiaries.

Superannuation and Life Insurance in SA

Superannuation receives different treatment compared to other assets. Unlike bank accounts or property, superannuation doesn’t automatically become part of your estate when you die. If you’ve made a binding death benefit nomination, your super fund must follow it. Without a binding nomination, the fund trustee decides — which may completely ignore how SA intestacy laws would distribute your estate.

Life insurance with named beneficiaries bypasses your estate completely, regardless of SA intestacy laws.

Learn more: What happens to your superannuation after you die

Children and Guardianship in SA

When both parents die without Wills in SA, a court must decide who cares for your children. Because guardianship of children is dealt with under family law rather than intestacy law, this is a separate court process that can run alongside the administration of the estate.

Many families are surprised to learn that the court may choose family members you wouldn’t have selected, or that relatives may end up in dispute over who should care for the children.

What this means in practice:

• Your children may be placed with someone you wouldn’t have chosen
• Family disputes over guardianship can delay arrangements for months
• Children may experience temporary care arrangements during proceedings

Creating a SA Will lets you nominate a guardian and provide detailed instructions about your children’s care, education, and living arrangements. While a testamentary guardian appointment can still be reviewed by a court, it is powerful evidence of your wishes.

Letters of Administration in SA

Still with us? This is the point where most South Australian families start realising why a Will matters.

If you die without a Will in SA, there’s no executor automatically authorised to manage your estate. Instead, someone must apply to the Supreme Court of South Australia for Letters of Administration to gain legal authority to handle your estate.

Who Can Apply?

Typically, the person with the highest priority under SA intestacy law (usually your spouse, partner, or an adult child) applies. The application generally requires:

• Sworn affidavits
• The death certificate
• Detailed information about your assets and debts
• Evidence of relationships (especially for domestic partners, who may first need a Court declaration)

If no family member is willing or able to act, the Public Trustee (SA) may administer the estate.

How Long Does It Take in SA?

Court processing times vary significantly and are unpredictable:

• Straightforward estates: Often several months, but timing depends on court workload and how quickly the administrator gathers documents
• Complex estates or disputes: Can extend well beyond 12 months if there are competing claims, extensive asset valuations, or incomplete documentation

During this period:

• Most bank accounts in the deceased’s sole name are usually frozen (joint accounts are typically accessible)
• Property sales cannot proceed
• Beneficiaries have no access to funds from frozen accounts for living expenses, mortgage payments, or emergency costs

What Does It Cost in SA?

The estate typically pays:

• Court filing fees for the grant of administration
• Solicitor’s fees, if a lawyer is engaged — often $2,000–$5,000+, and higher for complex or contested estates
• Public Trustee (SA) fees, if they administer the estate (charged according to their published fee scale)

These costs are deducted from the estate before anyone inherits — meaning your family receives less. Most families only learn this after a death — not before.

If you want to avoid putting your family through this uncertainty, creating a Will together with your partner ensures you both protect each other — learn how to have this important conversation. If you want clarity rather than court processes, discover the easiest way to get a Will online in Australia in about 15 minutes.

How SA Differs from Other Australian States

SA’s intestacy laws share the same basic idea as other states — a fixed order of relatives — but the detail differs in ways that matter:

• A brand-new Act: SA is the only state that recently consolidated Wills, intestacy and family provision into a single new statute — the Succession Act 2023 (SA), in force from 1 January 2025.
• A fixed preferential legacy: SA’s $120,000 is a flat figure that can only be changed by regulation, unlike NSW’s and Queensland’s CPI-indexed statutory legacies (both well above $100,000).
• A stricter partner test: SA requires a 3-year domestic partnership (or a child, or registration), compared with 2 years in NSW and Victoria — and unregistered partners usually need a Court declaration.
• A wider final class: SA extends inheritance as far as the children of first cousins before an estate passes to the Crown.

Official Legislation: Succession Act 2023 (SA)

Because these rules changed recently and can be adjusted by regulation, always reference the current SA position or speak to a South Australian solicitor.

Compare other states: Victoria, Queensland, Western Australia, New South Wales.

Common Problems When There’s No Will in SA

When someone dies intestate in SA, families commonly encounter several issues:

• Disputes between partners and children over who should inherit what — especially in blended families and where a spouse and a domestic partner both survive
• Significant delays in releasing funds — most sole-name bank accounts are usually frozen for months
• A partner having to prove the relationship — an unregistered domestic partner may need a Supreme Court declaration before they can inherit
• Legal and administration costs that reduce what your family receives — learn why you shouldn’t put off writing your Will
• Family homes may need to be sold — a surviving partner may need to buy out children from a previous relationship, as assets must be converted to cash for distribution
• Personal possessions sold — sentimental items liquidated rather than passed to specific loved ones
• The wrong people inheriting — or, rarely, no one at all (estate passes to the Crown)

Where no family member applies, the Public Trustee (SA) may step in to administer the estate, charging fees that further reduce what your family receives.

How to Avoid Intestacy in SA

To ensure this never applies to your family, avoiding intestacy in SA is straightforward: create a valid Will that clearly sets out your wishes.

Creating a Will protects your estate and ensures your wishes are followed. Discover the easiest way to get a Will online in Australia in about 15 minutes, or learn how to make a Will in South Australia for SA-specific signing and witnessing requirements.

With Will Hero, you can create a SA-compliant Will that:

• Follows SA signing and witnessing requirements
• Allows you to appoint executors and nominate guardians
• Lets you specify exactly who inherits what
• Includes detailed gifts, provisions, and backup plans
• Gives you visual previews before finalising
• Works from home in Adelaide or anywhere in South Australia

You can even start your Will from home — it’s easy and affordable.

If you’re not ready to make a Will yet, even reading through the steps can help you understand what’s involved and prepare for when you’re ready.

Step-by-step guide: How to make your Will at home

SA-Specific Guides:

• How to make a Will in South Australia — Complete SA guide with signing rules and requirements
• Are handwritten Wills valid in South Australia? — Why informal Wills are risky in SA
• Online Wills South Australia — Create your SA-compliant Will online with Will Hero
• Online Wills Adelaide — Create your Will online in Adelaide with Will Hero

Where Should You Keep Your Will in SA?

After signing your Will in SA, it’s important to store it safely — where your executors can find it when needed. Never keep your only copy somewhere others can’t access.

Common storage options in SA include:

• Secure home filing (with a trusted family member knowing the location)
• Your solicitor’s office
• Bank safety deposit box
• Public Trustee (SA) (offers a Will safekeeping service)

Many South Australians choose multiple copies — one at home and one with their solicitor for added security.

Read next: Where is the safest place to store your Will?

SA vs. Other Australian States

Intestacy laws vary significantly across Australia. SA uses a fixed $120,000 preferential legacy, while other states use different amounts and formulas — several of them indexed and well above $100,000.

The distribution percentages, formulas, and statutory legacy amounts differ significantly by state. Always ensure you understand your specific state’s laws.

Learn More: What happens if you die without a Will in Australia — Complete Australia-wide guide with state-by-state comparisons

For intestacy rules in other states: New South Wales, Victoria, Queensland, Western Australia.

Or explore our specific State guides:

ACT New South Wales Northern Territory Queensland South Australia Tasmania Victoria Western Australia

Key Takeaways

• Dying without a Will in SA means the Succession Act 2023 (SA) decides who inherits — not you
• The law changed on 1 January 2025: a single new Act now covers Wills, intestacy and family provision
• The spouse/partner preferential legacy rose from $100,000 to $120,000 — a fixed figure, not CPI-indexed
• SA uses a stricter 3-year domestic-partner test, and unregistered partners may need a Court declaration to inherit
• Step-children get nothing under intestacy, though the 2023 Act broadened their family provision rights
• Letters of Administration from the Supreme Court of South Australia can take months and cost thousands — you can avoid this by creating your Will online for just $99 with professional review

Will Hero makes it simple to create a legally valid SA Will from home — with visual previews, guided steps, and SA-specific signing instructions. See online Wills in South Australia for how it works, or start your SA Will online to avoid intestacy and protect your loved ones.

Frequently Asked Questions

How Will Hero Can Help People in SA

Protecting your loved ones with a legally valid Will doesn’t have to be complicated or expensive. Will Hero makes the process straightforward for South Australia residents in Adelaide, the Hills, the Barossa, and everywhere in between:

• SA-Specific Compliance: Our platform follows SA signing and witnessing requirements, helping ensure your Will is legally valid
• Step-by-Step Visual Guidance: Our Visual Will and Scenario Testing features guide you through every section and help you understand how your estate will be distributed
• More than just a Simple Will: Customise your Will with detailed provisions and clauses to match your circumstances
• AI Assistant: Will Hero’s AI Assistant WillBot is available around the clock to help with questions about Wills and estate planning
• Expert Support: We provide clear SA-specific signing and witnessing instructions to guide you through the process
• Easy Updates: Update your Will whenever your situation changes — new relationships, children, or property
• Cost-Effective: Will Hero offers professional-quality Will creation for $99 — see our pricing for details — at a fraction of traditional solicitor fees

Will Hero helps people in SA create a Will that meets legal requirements without the high costs or scheduling constraints of traditional legal services.