How is the estate split between family members?

The administrator doesn’t get free rein to split the estate as they see fit – they must abide by figures set by the state.

Property in the sole name of the deceased (or their share of assets co-owned other than as “joint tenants”) must be distributed to a spouse and children. If there is no spouse or children, they generally go to the parents of the person who passed away or to others down the list of kin.

In Queensland, the spouse receives the first $150,000, plus one third of the residue where there is more than one child. If there is only one child, though, the spouse gets half of what’s left. The surviving child or children share in the remaining half or two thirds of the amount left over.

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Last updated: 29 April 2019