The Probate Rules determine the order of priority for those who can apply to be administrators of an intestate estate.
A person in a lower priority cannot an application unless those above them have died, do not exist or renounce.
The order of priority is:
Spouse (or domestic partner)
Children of the deceased (or grandchildren)
Father or Mother of the deceased
Brothers and Sisters of the deceased
…and so on.
How will the estate be divided?
The Administration and Probate Act determines who (and how much) each person in relation to the deceased is entitled from an intestate estate.
If the deceased is survived by children only (no spouse) then those children will inherit the estate equally between them.
If the deceased was survived by a spouse only and no children than the spouse will inherit the entire estate.
If the deceased is survived by a spouse AND children then the spouse will receive the first $100,000 in value and half of the remainder whilst the children will inherit the other half of the estate equally between them.
WARNING:If any beneficiary to an intestate estate is a minor child or incapacitated then their share must be paid over to the Public Trustee for administration.