Statutory Order

The statutory order is the legislated hierarchy of relatives that governs an intestacy. It works in tiers: typically a surviving spouse or de facto partner comes first, then children, then parents, then siblings, then more distant relatives — and a tier only inherits if no one in a higher tier survives. Because the order is fixed by statute, it cannot account for your actual relationships or wishes, which is the central reason to make a Will.

Each state and territory sets its own statutory order, so identical family circumstances can produce different outcomes across borders. Many states give the spouse the deceased's personal effects plus a statutory legacy before any sharing with children. Example: Under the statutory order, because Maria left no spouse or children, her estate passed up the ranking to her surviving parents.