Hi there. When a person dies without a will (“intestate”), their estate is distributed in accordance with predetermined rules. In South Australia, these rules are contained in the Administration and Probate Act 1919 (SA). The rules that will apply to your mother’s situation will depend on her specific circumstances.

If your mother had a spouse or domestic partner who is still alive, they will be entitled to part of the estate. If the estate is less than $100,000, the spouse or domestic partner will be entitled to the whole of the estate. If the estate is more than $100,000, the spouse or domestic partner will be entitled to: up to $100,000, half the balance of the estate, and the personal belongings of the deceased person. The children of the estate will subsequently be entitled to the remainder of the estate in equal shares.

If your mother did not have a spouse or domestic partner who is still alive, then the whole of her estate will be distributed equally amongst her children.

You said that your mother was paying a mortgage for a property she did not own. It is not clear who owned this property. If the property was owned by her spouse or domestic partner, then the property will continue to below to that person, despite any financial contribution your mother made in mortgage repayments. The outcome would be different if the property was in your mother’s sole name. You can carry out a title search on the property to find out if your mother was the registered owner of the property. A lawyer can help you do this.

Suggested way forward

As your mother died without a will, you will need to obtain letters of administration from a court in order to distribute the estate. You should consider speaking to a wills and estates lawyer who can help you through this process and advise you of your right to obtain a share in the value of the property. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced immigration lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.