If a person dies without a Will (known as dying "intestate"), the Probate Division of the Supreme Court appoints a Personal Representative called an "Administrator" or "Administratrix" to receive all claims against the estate, pay creditors, and then distribute all remaining property in accordance with the laws of the state.

The major difference between dying testate and dying intestate is that without a valid Will an intestate estate is distributed to beneficiaries in accordance with the distribution plan established by the Wills, Probate and Administration Act 1898 whereas a testate estate is distributed in accordance with the instructions provided by the decedent in his/her Will.