Probate without a will.
When someone dies without a valid will, their estate is shared according to the rules of intestacy. We explain who can apply, what happens, and manage the whole process for you.
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Letters of Administration explained
If there is no will, no executor has been appointed. Instead, the law sets out who inherits, the rules of intestacy, and who has the right to administer the estate. That person applies for a document called Letters of Administration, which gives them the legal authority to act.
The rules of intestacy follow a strict order of priority, which can produce outcomes families don't expect. We guide you through who can apply and exactly what's involved.
- ✓ Confirming who is entitled to apply as administrator
- ✓ Establishing how the estate is shared under intestacy
- ✓ Valuing the estate and completing HMRC forms
- ✓ Applying for Letters of Administration
What an intestate estate really says
Without a will, the law writes one for you. Here's what that unwritten will effectively leaves behind, and why so many families are caught out.
I leave you several months, possibly years, of financial hardship and expense, while you go to unnecessary lengths to sort out my affairs.
I leave you some, but probably not all, of what I own, regardless of what we'd always assumed would happen.
I leave you the remainder of my estate, with the authority to enforce the sale of any part of it to realise your inheritance.
If my children are orphaned, I give you the authority of guardianship and the power to choose who shall look after them.
I leave you all the inheritance tax that I could have avoided and instead given to my family.
I leave you nothing. A will would have let me decide. Intestacy decides for me.
The order of priority under intestacy
The right to administer the estate, and to inherit, follows a set legal order.
Spouse or civil partner
A surviving husband, wife or civil partner has first priority and usually inherits the largest share of the estate.
Children & descendants
Children (and their descendants) inherit, with the share depending on whether a spouse also survives.
Parents
If there is no surviving spouse or children, the deceased's parents are next in line.
Siblings & wider family
Brothers, sisters and then more distant relatives follow in a strict statutory order.
The Crown
If no eligible relatives can be found, the estate passes to the Crown. We help trace entitled relatives wherever possible.
Probate without a will FAQs
The rules of intestacy are the laws that decide who inherits when someone dies without a valid will. They set a fixed order of priority among relatives, which can differ significantly from what the deceased may have wished.
The person with the highest priority under the intestacy rules, usually the closest surviving relative, has the right to apply to become the administrator. We can guide them, or act on their behalf, throughout.
Unmarried partners and cohabitees are not automatically entitled under the intestacy rules, regardless of how long the relationship lasted. This is one reason these situations need careful, specialist handling, and we can advise on the options.
It varies with the complexity of the estate and the family situation. Tracing relatives or confirming entitlement can add time. We'll give you a realistic timeline once we understand the circumstances.
Let us be your trusted guide
Take the first step towards settling the estate with confidence. Begin your Probate application today.