No will? Here's who inherits in Queensland

If you die without a valid will, you don't get a say in who inherits. Queensland law decides, using a fixed formula in the Succession Act 1981. It suits some families well enough, but it often isn't what people would have chosen.

If you have a spouse and no children

Your spouse inherits everything. A de facto partner counts as your spouse if you had lived together as a couple for at least two years when you died.

If you have a spouse and children

Your spouse receives your household items, such as furniture and appliances, and the first $150,000 of the estate. What's left is then split: your spouse gets half if you have one child, or a third if you have more than one, and your children share the rest equally.

For example, on an estate of $600,000 plus household items, with two children, your spouse would receive the household items and $300,000, and each child $150,000. Children from an earlier relationship share in the same way. Stepchildren generally don't inherit under the formula.

If you don't have a spouse

Your children share the estate equally, and if one of them has died, their children take that share. If you have no children or grandchildren, the estate goes to your parents, then your brothers and sisters (or their children), then your grandparents, then your aunts and uncles (or their children). If there's no one, it goes to the Queensland Government.

What the formula doesn't cover

• Superannuation. Your super fund decides who receives your super unless you've made a binding nomination, so it may not follow the formula at all.
• Property you own jointly. A home held as joint tenants passes straight to the other owner, outside your estate.
• Separation. If you're separated but not divorced, your husband or wife may still count as your spouse.
• Claims from family. A spouse, child or dependant who is left without proper provision can apply to the court. They generally need to give notice within six months of the death and start the claim within nine months.

Who deals with the estate

With no will there's no executor. Someone, usually a close family member, has to apply to the Supreme Court for letters of administration before they can collect assets, pay debts and share out what's left. It adds time and paperwork at an already hard moment.