Can I apply for probate without a Will?

If you have recently lost a loved one and they died without a Will, you may be wondering how you go about administering their estate.

If you die without a valid Will, your assets will be shared according to intestacy rules. This can be incredibly stressful for the friends and family of the deceased, who may already be grieving their loss.

How do I find out if someone made a Will?

In an ideal world, when someone makes a Will, they should inform all Executors of their duties and where the Will is kept. If someone has died and you aren’t sure if they have made a Will, you can find a Will online through the Probate Service (a small fee applies).

If there is a Will, you can apply for probate. This can be done by yourself, but it can be a complex process, so it is wise to instruct a probate solicitor to ensure things run as smoothly as possible.

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If someone dies without a Will, what do I do next?

If you have already searched the Wills database and are sure that there is no valid Will, it is a good idea to contact a solicitor who specialises in probate and estate administration to help you with the legal process for administering the estate.

Who should administer the estate?

In the absence of an executor, it is normally a family member (the person who is entitled to the estate) who sorts out the estate and applies for the Grant of Letters of Administration.

Value the estate

You will first need to value the deceased’s estate and find details of any bank accounts, savings and pensions, valuable items, and debt they owe (including a mortgage). You will also need to work out if they had any jointly owned assets, as this may need to be included in the value of the estate.

Applying for the Grant of Letters of Administration

If you have taken on the responsibility of administering the deceased’s estate, you will need to apply for the Grant of Letters of Administration. This is different to a Grant of Probate (what you would have if there was a Will) but has a similar legal effect, i.e. to authorise the administration of a deceased’s property and assets.

You will need to get six certified copies of the following before applying for Letters of Administration:

• The deceased’s death certificate.
• The deceased’s birth certificate.
• Their marriage or civil partnership certificate.

Working out what a loved one owned or owed before they died can be stressful and emotional. Having a specialist solicitor manage the process can be incredibly helpful and take some of that stress away.

What are the rules of intestacy?

After you have paid any debts and Inheritance Tax, you will need to distribute the estate according to intestacy rules.

In England and Wales, the Inheritance and Trustees’ Powers Act 2014 dictates how an estate is administered when someone dies intestate without a valid Will. The rules are different in Scotland and Northern Ireland (find out more here).

If the deceased was married or in a civil partnership

The rules of intestacy state that the deceased’s estate (assets and property up to a value of £322,000) go to their husband, wife or civil partner. The remainder, if any, is then shared as follows:

• Half goes to the husband, wife or civil partner.
• The other half is divided equally between any surviving children.
  • If a child has predeceased them, their children* will inherit in their place (once they turn 18).
• If there are no children, the surviving husband, wife or civil partner receives both halves.

The deceased was not married or in a civil partnership

If your loved one died without a Will and they were not married or in a civil partnership, but they had children, the children will inherit shares of their estate once they turn 18 (if they are deceased, their share will go to their children).

If the deceased was not married nor had any children, their estate will be shared between their surviving parents. Should their parents no longer be alive, their assets and property go to surviving siblings, half-siblings, grandparents and aunts and uncles (in that order).

When someone dies without a Will and they were not married or in a civil partnership and there are no living relatives, the full estate goes to the Crown, i.e. the Government.

* If minors are inheriting an estate, two people will need to apply for the Grant of Letters of Administration.

Contact our estate administration solicitors

If you have recently lost someone and they did not make a Will before they died, our estate administration solicitors may be able to help you.

To speak to a member of our team, call 0117 325 2929 or complete our online form.