If a person dies without a Will, or with an invalid Will, they die intestate. The Administration and Probate Act 1919 specifies who will benefit from the assets of the deceased and who can be appointed an administrator (a similar role to that of an executor).

An application similar to a grant of Probate will need to be submitted. Similar responsibilities to that of an executor (the payment of liabilities including tax, distribution of the estate, controlling and securing assets and generally representing the interests of the deceased) apply to administrators, with additional requirements being imposed because the deceased did not choose the administrator.