What Happens If I Die Without a Will in Victoria?

Dying without a Will in Victoria means the Administration and Probate Act 1958 (VIC) takes control of your estate. Your Melbourne home, Geelong property, investments, bank accounts, and personal possessions are distributed according to Victoria’s strict intestacy rules — regardless of what you wanted or discussed with family. Learn more: Online Wills Melbourne

For Victorians from Melbourne to Geelong, Ballarat to Bendigo, dying intestate creates real problems: most bank accounts in the deceased’s sole name are usually frozen for months, costly Supreme Court of Victoria applications, family conflicts over inheritance, and assets split in ways you’d never choose.

This guide explains exactly how Victoria intestacy works, who inherits what, and how creating a Will protects your estate from these outcomes.

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

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:

• The law decides who inherits — not you. Your personal wishes, conversations with family, or informal notes have no legal effect.
• Blended families are treated very differently — step-children who aren’t legally adopted typically receive nothing, and children from previous relationships 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, which can take 3-9 months or longer.
• Your family must apply to the Supreme Court of Victoria — there’s no automatic executor, so someone must go through the Letters of Administration process.
• The process is slower, more expensive, and less predictable than having a Will — court delays, legal fees ($2,500-$10,000+), and frozen assets create significant hardship.

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 Victoria Intestacy Laws

In Victoria, dying intestate triggers the Administration and Probate Act 1958 (VIC) — a set of statutory rules that override your personal wishes completely. Like other states, Victoria uses specific distribution formulas, statutory legacy amounts, and court procedures that apply uniformly across the state. While Victoria intestacy rules (also known as VIC intestacy rules) follow the Administration and Probate Act 1958 (VIC), the basic principle is similar across Australia — learn more in our complete Australia-wide guide to dying without a Will.

Why Victoria’s Intestacy Laws Matter

Victoria’s intestacy laws were designed decades ago and may not reflect modern family structures. Many Victorians are surprised to discover that:

• Their de facto partner of 18 months has no automatic inheritance rights
• Step-children they’ve raised for years receive nothing
• Their estate may be divided in ways they never intended
• Court processes can take months, leaving families without access to funds

Understanding these laws helps you see why creating a Will is essential for protecting your loved ones.

The harsh reality: Conversations with family, handwritten notes, or informal documents not intended as a Will have no legal effect under Victoria law. Only a valid Will (including a court-accepted informal Will under section 9 of the Wills Act 1997 (VIC)) can override intestacy rules.

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

Understanding VIC Will laws and Victoria intestacy rules helps you see why creating a Will is essential. Processing times are unpredictable but often range from around 3-6 months in Melbourne (commonly longer in regional areas like Ballarat or Bendigo) and can extend significantly if disputes arise or the estate is complex.

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 Victoria?

Under the Administration and Probate Act 1958 (VIC), Victoria follows a strict statutory order to decide who receives your estate. Victoria inheritance laws (also referred to as VIC inheritance laws) determine the exact distribution depending on which relatives survive you:

Victoria Intestacy Distribution Order

1. Spouse or de facto partner
2. Children (biological or adopted)
3. Parents
4. Siblings
5. Extended relatives — nieces, nephews, grandparents, cousins
6. The Victoria government (if no relatives are found; bona vacantia is uncommon but can occur)

How Your Estate Is Distributed in Victoria

Spouse Only (No Children)

If you die without a Will in Victoria and are survived by a spouse or de facto partner but no children, your spouse inherits the entire estate.

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

Spouse and Children (All Are Spouse’s Children)

If you have a spouse and children, and all children are from that relationship, your spouse inherits the entire estate. Your children receive nothing under intestacy laws. While children may be eligible to make a family provision claim, such claims depend entirely on circumstances and are not guaranteed.

Example: James lives in Geelong with his wife Patricia and their three children. If James dies without a Will, Patricia inherits everything — their Geelong family home, all bank accounts, investments, and personal property. Under Victoria intestacy laws, the children receive nothing directly. While they may potentially make family provision claims, such legal actions are complex, expensive, and outcomes are never guaranteed.

Spouse and Children (Some From Previous Relationship)

This is where Victoria intestacy laws can create unexpected outcomes for blended families. If you have a spouse and children from a previous relationship, your estate is divided as follows:

• Statutory legacy: Your spouse receives the statutory legacy amount (approximately $486,870, indexed annually for inflation) plus interest

Note: Figures shown are indicative only and rounded. The exact statutory legacy amount changes over time with annual indexation.

• Remainder: The remaining estate is split 50/50:
  • 50% to your spouse
  • 50% divided equally among all your children

Victoria Example: Robert lives in Melbourne with his second wife Catherine. He has two adult children from his first marriage who live in Ballarat. Robert dies without a Will, leaving an estate valued at $800,000.

• Catherine receives: the statutory legacy amount ($486,870) + interest + 50% of remainder ($156,565) = approximately $643,435 plus interest (figures rounded for simplicity)
• Children (combined): 50% of remainder ($156,565) = approximately $78,282 each (figures rounded for simplicity)

Note: Figures shown are indicative only and rounded. Actual amounts depend on the exact statutory legacy at the time of death and interest calculations.

This division may not reflect what John would have chosen — Emma receives most of the estate, while his children receive significantly less.

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

Children Only (No Spouse)

If you die without a Will in Victoria and have children but no spouse, your children inherit the estate in equal shares.

Example: Thomas lives in Bendigo and dies without a Will. He has three adult children from his previous marriage. Under Victoria intestacy laws, each child receives an equal one-third share of his entire estate.

Parents, Siblings, and Extended Family

If you die without a Will in Victoria and have no spouse or children, your estate passes to:

1. Parents (equally if both survive)
2. If no parents: Siblings (equal shares)
3. If no siblings: Extended relatives (nieces, nephews, grandparents, cousins)
4. If no relatives found: The Victoria government (bona vacantia)

De Facto Partners in Victoria

De facto partners are recognised under Victoria intestacy laws, but only if specific requirements are met under the Administration and Probate Act 1958 (VIC):

• 2-year requirement: You must have lived together continuously for at least 2 years immediately before death, OR
• Child together: You have had a child together (regardless of cohabitation period)

Victoria Example: Sophie and Mark live together in Melbourne for 18 months. Sophie dies without a Will. Under Victoria law, Mark does not qualify as a de facto partner because they haven’t lived together continuously for the required 2 years immediately before death. Sophie’s estate would pass to her children or parents instead, leaving Mark with no automatic inheritance rights.

Important: Proving a de facto relationship can be complex and may require documentation (joint bank accounts, shared bills, evidence of cohabitation). This process can delay estate administration significantly. A Will removes all doubt and ensures your partner is protected.

Blended Families and Step-Children in Victoria

Step-children who haven’t been legally adopted are generally not included in Victoria’s statutory order of distribution. This can create difficult situations for blended families.

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

Exception: Step-children may be eligible to make a family provision claim under Victoria law if they were:

• Wholly or substantially maintained by the deceased, OR
• A dependant member of the deceased’s household

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 Victoria Intestacy Affects Your Assets

Bank Accounts in Victoria

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 in this area, they commonly freeze sole-name accounts to protect the estate until Letters of Administration are granted — a process that can take 3-6 months in Melbourne (often longer in regional Victoria courts like Ballarat, Bendigo, or Geelong), though timelines can vary significantly depending on court workload and estate complexity.

Joint accounts: Joint accounts usually remain accessible to the surviving account holder. Joint bank accounts are generally not frozen unless the bank has specific concerns about the account or estate, though banks may restrict large withdrawals until the estate is administered.

Critical exception: Most Victoria 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 entire 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

Victoria Property Distribution

Sole ownership: Property you own individually (whether in Melbourne’s inner suburbs, Geelong, Ballarat, or regional Victoria) 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 Victoria’s statutory formulas. This means a family home might be sold even if your spouse and children still live there, because assets may need to be converted to cash for equal distribution, and the surviving spouse may not be entitled to receive the property outright under the intestacy formula.

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

• 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 Victoria’s statutory order

Real Victoria scenario: A Melbourne couple owns their inner-city apartment 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 Victoria’s statutory formulas — potentially forcing a sale of the entire property or requiring the surviving partner to buy out the deceased’s share from other beneficiaries.

What this means in practice:

• Family homes may need to be sold to divide assets
• Property sales are delayed until court processes complete
• The surviving spouse may lose the family home if they can’t afford to buy out other beneficiaries

Superannuation and Life Insurance in Victoria

Superannuation receives different treatment compared to other assets under Victoria law. 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 makes the decision based on the fund’s rules — which may completely ignore how Victoria intestacy laws would distribute your estate.

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

Learn more: What happens to your superannuation after you die

Children and Guardianship in Victoria

When both parents die without Wills in Victoria, a court must appoint a guardian for your children — this may be the Supreme Court of Victoria, Federal Circuit and Family Court, or the Children’s Court, depending on the circumstances.

Many families are surprised to learn that the court may choose family members you wouldn’t have selected, or create disputes between relatives who both apply.

The court process for appointing guardians is governed by family law legislation (not intestacy law) and can take months, involving:

• Family members filing competing applications
• Court assessments of each applicant’s suitability
• Interviews with children (if age-appropriate)
• Potential placement in temporary care during proceedings

For Victoria children already traumatized by losing parents, this additional uncertainty and potential family conflict can cause lasting psychological harm.

What this means in practice:

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

Creating a Victoria Will lets you appoint specific guardians and provide detailed instructions about your children’s care, education, and living arrangements.

Letters of Administration in Victoria

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

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

This often comes as a shock to families — they discover there’s no one automatically authorized to handle the estate, and court processes must begin before anything can be distributed.

Who Can Apply?

Typically, the person with the highest priority under Victoria intestacy laws (usually your spouse or eldest adult child) must apply. The application process requires:

• Sworn affidavits
• Death certificates
• Detailed information about your assets and debts
• Evidence of relationships (especially for de facto partners)

How Long Does It Take in Victoria?

Court processing times vary significantly and are unpredictable:

• Melbourne: Often around 3-6 months for straightforward estates, but timing depends on court workload
• Regional Victoria: Commonly 6-9 months or longer due to limited court sitting schedules, fewer court staff, and less frequent probate hearings
• Complex estates: Can extend well beyond 12 months if disputes arise, extensive asset valuations are required, or documentation is incomplete

During this period:

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

What this means in practice:

• Your family may have no access to money for months
• Property sales are delayed until court processes complete
• Costs are deducted before anyone inherits

What Does It Cost in Victoria?

Legal fees for Letters of Administration in Victoria vary significantly:

• Basic estates: Typically cost $2,500-$4,000 in Melbourne and Geelong
• Regional Victoria: Often higher due to travel requirements and limited solicitor competition
• Complex estates: Can cost $5,000-$10,000+ if disputes arise or extensive asset valuations are needed
• State Trustees Victoria: The State Trustees Victoria may charge percentage-based fees depending on the estate and services required

These fees are deducted from the estate before any distribution occurs — meaning your family receives less. State Trustees Victoria only acts if appointed or if no one else applies.

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 just 15 minutes.

Regional Victoria Considerations

Victoria’s geographic size creates unique challenges for intestacy administration:

Melbourne vs Regional Victoria Courts

• Supreme Court of Victoria (Melbourne): Often processes Letters of Administration in 3-6 months for straightforward estates, though timelines are unpredictable and can vary based on court caseloads and estate complexity
• Regional courts (Ballarat, Bendigo, Geelong, Shepparton): Often take 6-9 months or longer due to limited sitting schedules, fewer court staff, and less frequent probate hearings

Property in Regional Victoria

Regional Victoria properties (rural land, farming communities, coastal areas) may face:

• Longer valuations and sale processes
• Different property market conditions affecting distribution amounts
• Additional complexity if property includes business assets or farming equipment

Access to Legal Services

Families in regional Victoria may face:

• Fewer solicitors with probate experience
• Higher costs for court applications (requiring Melbourne solicitors)
• Travel expenses for court appearances

How Victoria Differs from Other Australian States

Victoria’s intestacy laws have distinct features that differ significantly from other states:

Victoria vs NSW and Queensland

• Statutory legacy: Victoria uses approximately $486,870 (indexed annually, plus interest) for blended families, while NSW uses ~$506,000 and Queensland ~$469,000 (each state’s amount is also adjusted for inflation)
• Distribution formula: Victoria’s 50/50 split between spouse and children (after statutory legacy) differs from other states’ percentages
• Court procedures: Supreme Court of Victoria processes can differ from NSW Supreme Court or Queensland Supreme Court procedures

Victoria-Specific Legislation

Victoria intestacy is governed by the Administration and Probate Act 1958 (VIC).

Official Legislation: Administration and Probate Act 1958 (VIC)

Victoria-specific notes:

• The statutory legacy amount is indexed annually for inflation — consult current legislation or a Victoria solicitor for exact figures at the time of death
• The Act has been amended multiple times since 1958 (de facto recognition, distribution changes) — always reference the current version
• Victoria courts (Melbourne vs regional) may have different processing times and requirements

Common Problems When There’s No Will in Victoria

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

• Disputes between partners and children over who should inherit what
• Significant delays in releasing funds — most sole-name bank accounts are usually frozen for months
• Legal costs that may be $2,000-$5,000+ (can be higher for complex estates) reducing what your family receives — learn why you shouldn’t put off writing your Will and how these costs can be avoided
• Family homes may need to be sold — a surviving spouse in Melbourne or Geelong may need to sell property to divide assets with children from a previous relationship, as assets must be converted to cash for equal distribution
• Personal possessions sold — sentimental items liquidated rather than passed to specific loved ones
• No nominated guardians for children or pets — a court will decide (this may be the Supreme Court of Victoria, Federal Circuit and Family Court, or the Children’s Court depending on the situation)
• The wrong people inheriting — or no one at all (estate goes to Victoria government)

In the absence of a Will, the State Trustees Victoria may step in to administer the estate if no family member applies or if appointed by the court. State Trustees charges fees that vary depending on estate size and complexity, further reducing what your family receives.

How to Avoid Intestacy in Victoria

To ensure this never applies to your family, avoiding intestacy in Victoria is straightforward: create a valid Will that clearly sets out your wishes under the Administration and Probate Act 1958 (VIC).

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

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

• Follows all Victoria legal requirements automatically
• Allows you to appoint Executors and 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 Melbourne, Geelong, or anywhere in Victoria

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

Victoria-Specific Guides:

• How to make a Will in Victoria — Complete VIC guide with signing rules and requirements
• Online Wills Victoria — Create your Victoria-compliant Will online with Will Hero
• Online Wills Melbourne — Create your Will online in Melbourne with Will Hero

Where Should You Keep Your Will in Victoria?

After signing your Will in Victoria, it’s important to store it safely — where your Executors can find it when needed. Never keep your only copy in a place others can’t access (like a personal safe without sharing the code).

Common storage options in Victoria include:

• Secure home filing (with a trusted family member knowing the location)
• Victoria solicitor’s office
• Bank safety deposit box (major banks in Melbourne, Geelong, and regional areas offer these)
• State Trustees Victoria (offers Will storage services)

Many Victoria residents 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?

Victoria vs. Other Australian States

Intestacy laws vary significantly across Australia. While Victoria uses a statutory legacy (approximately $486,870, indexed annually, plus interest) for blended families, other states use different amounts, each also adjusted for inflation:

• New South Wales: ~$506,000 statutory legacy
• Queensland: ~$469,000 statutory legacy (CPI-indexed quarterly)
• Western Australia: ~$75,000 (plus household chattels and 50% of remainder)
• South Australia: Varies by formula
• Tasmania: Statutory legacy plus 50% of remainder
• ACT and NT: Different statutory legacy amounts

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

Or explore our specific State guides:

ACTNew South WalesNorthern TerritoryQueenslandSouth AustraliaTasmaniaVictoriaWestern Australia

Key Takeaways

• Dying without a Will in Victoria means the Administration and Probate Act 1958 (VIC) decides — not you
• Blended families face complex distribution rules with statutory legacy amounts
• Family disputes, court delays, and unexpected outcomes are common
• De facto partners must meet the 2-year requirement or have a child together
• Letters of Administration often take 3-6 months (though timelines are unpredictable) and may cost $2,000-$5,000+ (can be higher for complex estates)
• You can protect your family and your wishes by making a Will now

Will Hero makes it simple to create a legally valid Victoria Will from home — with visual previews, guided steps, and Victoria-specific compliance built in.

Frequently Asked Questions

How Will Hero Can Help Victorians

Protecting your loved ones with a legally valid Will doesn’t have to be complicated or expensive. Will Hero makes the process straightforward for Victoria residents in Melbourne, Geelong, Ballarat, Bendigo, and everywhere in between:

• Victoria-Specific Compliance: Our platform automatically follows all requirements under the Administration and Probate Act 1958 (VIC), ensuring your Will is legally valid in Victoria
• Step-by-Step Visual Guidance: Our Visual Will and Scenario Testing features provide an intuitive interface that guides you through every section, helping 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 unique circumstances
• AI Assistant: Will Hero’s AI Assistant WillBot is available around the clock to help with questions about Wills, estate planning, and Victoria law
• Expert Support: Get assistance with drafting your Will and using our platform. We provide clear Victoria-specific signing and witnessing instructions to guide you through the process
• Easy Updates: Update your Will whenever your situation changes — new relationships, children, property acquisitions, or other life events
• Cost-Effective: Will Hero offers professional-quality Will creation for $99 (partner discount available at $49.50 for second Will) — see our pricing for details — at a fraction of traditional Melbourne or Geelong solicitor fees

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

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