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Introduction

This questionnaire helps you work out:

  • who is entitled to share in an estate in Victoria when someone has died without a valid will; and
  • who should apply to administer the estate; and
  • what information is usually needed to support that application.

You can also view our step by step guide on our website that explains how to apply for administration.

How this questionnaire works

When a person dies without a valid will, the law decides who is entitled to share in their estate.  In Victoria, these rules are set out in legislation.  They apply regardless of what the deceased may have wanted if they had made a valid will.

This questionnaire asks questions about the deceased and their family relationships at the date of death.

Your answers are used to provide general information about how the law applies in that situation.

Important information

  • This questionnaire provides information only.  It does not provide legal advice.
  • The example affidavit paragraphs are for guidance only.
  • You are responsible for making sure that any information you include in an application is accurate, and correctly describes the deceased's relationships at the date of death.

The information in this questionnaire applies only where the death occurred on or after 1 November 2017.

If the death occurred before this date, or if you are unsure:

  • who is entitled to apply; or
  • who is entitled to share in the estate,

You may wish to seek legal advice.