What happens when someone dies without a will?
When someone dies without a valid Will, they are said to have died intestate, and their estate is distributed under the UK intestacy rules.
If no Will is found, the personal representatives of the estate should obtain a family tree, as under the rules of intestacy, the beneficiaries of the estate will be determined by a set of rules, and who has survived the deceased.
However, the strict order of inheritance may not align with your loved one’s wishes, making it crucial to understand how these rules apply to your situation.
If you are trying to sort out the estate of a loved one who died without a will, our experienced Wills, Trusts and Probate Lawyers can help to guide you through the Intestacy process.
Intestacy Rules: Who Can Inherit?
The intestacy rules set out a clear order of priority for who can inherit and who is entitled to apply for a grant of representation. In practice, the estate is dealt with according to who survives the deceased, starting with the spouse or civil partner, then moving to children and direct descendants, followed by other close relatives (such as parents and siblings), and only passing to the Crown if no eligible relatives can be found.
Married or Civil Partners
If the deceased died, leaving a surviving spouse or civil partner and no children, then the surviving spouse or civil partner is entitled to the whole net estate.
Unmarried partners or cohabitants have no automatic right to inherit.
Children and Direct Descendants
If the deceased left a surviving spouse or civil partner and children, then if the net estate does not exceed the fixed sum (£322,000 with effect from 26 July 2023, previously £270,000), the surviving spouse or civil partner is entitled to the whole estate.
If the net estate exceeds the fixed sum, the surviving spouse or civil partner is entitled to the personal chattels and the fixed net sum free of inheritance tax.
The surviving spouse or civil partner is also entitled to half of the remainder of the estate, whilst the other half is held in statutory trust for the deceased’s children equally when they attain 18.
If there is no surviving spouse or civil partner, children inherit the estate equally when they attain 18.
Other Close Relatives
If there are no children, the estate may pass to parents, siblings, nieces, nephews, or more distant relatives, depending on who has survived the deceased.
The Crown
If no eligible relatives can be identified, the estate passes to the Crown under 'bona vacantia.' If the intestate died resident within the Duchy of Lancaster or the Duchy of Cornwall, the relevant Duchy is entitled.
Understanding these rules is crucial for families handling intestate estates. In many cases, individuals who expected to inherit may not be entitled to do so under the law, which is why legal guidance is essential.
How We Can Help
Our experienced probate solicitors provide clear, practical guidance to help you navigate the intestacy process and ensure the estate is administered in accordance with the law.
Whether you need assistance obtaining a Grant of Representation, identifying the correct beneficiaries or managing a complex estate, we are here to support you at every stage.
Where an estate has significant debts or may be insolvent, whether we can assist will depend on the circumstances, including the nature and value of the assets involved.
We can help where:
- A family home needs to be sold to divide the estate between beneficiaries.
- Complex family relationships make it difficult to determine who is entitled to inherit.
- A Deed of Variation may be appropriate to redirect the distribution of the estate.
- Someone wishes to make a claim because they are not recognised under the intestacy rules, such as an unmarried partner, stepchild or dependant.
- The deceased was separated but not legally divorced, meaning a spouse or civil partner may still have inheritance rights.
- There is uncertainty over who should administer the estate or who is entitled to apply for the Grant of Representation.
- The estate includes overseas assets, business interests or other complex property requiring specialist advice.
- There are concerns about a missing or invalid Will, or uncertainty over whether the estate should be administered under the intestacy rules. Where disputes arise, we work closely with our specialist Contested Probate solicitors to provide joined-up legal advice.
Why Choose a Solicitor When There is No Will?
Many people ask whether they need a probate solicitor when someone dies without leaving a Will. While it is possible to deal with some straightforward estates yourself, intestacy administration often involves much more than completing the application for a Grant of Representation.
You may need to identify the correct beneficiaries under the intestacy rules, value the estate, report to HMRC, prepare the Probate Registry application, settle debts and tax liabilities, and distribute the estate correctly. Mistakes can lead to delays, disputes and, in some circumstances, personal liability for the estate administrator.
Where the estate's debts and liabilities may exceed its assets, it is important to take advice before taking further steps, as different considerations can apply to the administration of the estate.
Our probate solicitors help ensure the estate is administered correctly, giving you confidence that your legal responsibilities are being met while reducing the risk of future claims.
Our Services
Our intestacy services include:
- Estate Administration – Assisting personal representatives with every stage of administering an intestate estate, from obtaining the Grant of Representation through to distributing the estate to beneficiaries.
- Reporting the value of the estate to HMRC – ascertaining the value of the estate and completing any necessary Inheritance Tax forms.
- Grant of Representation Applications – Preparing and submitting applications where there is no valid Will.
- Beneficiary Identification – Constructing family trees alongside external partners and identifying those entitled to inherit under the intestacy rules.
- Advice on Intestacy Rules – Explaining how the estate should be distributed and who is entitled to inherit.
- Deeds of Variation – Advising where beneficiaries wish to vary the distribution of an estate.
- Risk Management – Advising on potential claims and protective measures, including missing beneficiary insurance where appropriate.
- Contentious Intestacy Matters – Working alongside our specialist Contested Probate team where disputes arise regarding the validity of a Will, entitlement to an estate or the administration of the estate.
Probate Application Process and Estate Administration Timeline (Intestacy)
Once someone dies without a will, the estate still needs to be properly administered. In most intestacy cases, this means applying for a grant of representation (often called a grant of letters of administration) so the personal representatives can deal with the deceased’s assets.
While every estate is different, the process usually follows a practical sequence:
- Confirm the correct applicants and beneficiaries. First, identify who is entitled under the intestacy rules and who can apply. This typically involves building a family tree and gathering evidence of relationships and survival.
- Report the value of the estate to HMRC. The estate's value will need to be determined, and any necessary Inheritance Tax forms completed and sent to HMRC. This will include considering what exemptions and reliefs may be available to the estate, to reduce the IHT due. Any IHT needs to be paid (at least in part) before the Grant can be applied for.
- Prepare the application for the grant. The personal representatives then compile the information required for the probate application, including details of the deceased and the estate.
- Submit the application to the Probate Registry. Once submitted, the Probate Registry reviews the paperwork. If anything is unclear or missing, further information may be requested.
- Receive the grant and start estate administration. After the grant is issued, the personal representatives can take steps such as collecting assets, paying debts and expenses, and preparing for distribution to beneficiaries.
- Distribute the estate and close the administration. Finally, once liabilities are settled and the correct beneficiaries are confirmed, the estate can be distributed in line with the intestacy rules.
How long does it take?
There is no single timetable for every intestacy, but delays commonly arise from incomplete information, complex family relationships, or disputes about entitlement. In straightforward cases, the grant stage may be relatively quick; in more complex matters, the timeline can be significantly longer.
If you are dealing with an intestate estate, getting the early steps right, especially beneficiary identification and preparing the application, can help reduce avoidable delays and support a smoother estate administration.
Dealing with an estate without a will, an intestate estate, can be stressful, especially when family relationships are complex.
In these cases, probate must still be carried out so the deceased’s assets can be managed and distributed correctly under the intestacy rules.
Typically, this involves applying for a grant of representation (also known as a grant of letters of administration).
Once the grant is in place, the personal representatives can take the practical steps required in probate: confirming who is entitled to inherit, collecting and valuing the deceased’s assets, paying debts and expenses, and then distributing the estate to the rightful beneficiaries.
Intestacy FAQs
How long does probate take when there is no will?
In intestacy cases, the timeframe usually depends on how quickly the personal representatives can determine who is entitled to apply for the Grant, gather the necessary information about the estate, and make any reports to HMRC. Delays commonly arise where beneficiary identification is complex, evidence of relationships is missing, or there are queries about entitlement under the intestacy rules. Once the grant is issued, the remaining estate administration steps, collecting assets, paying debts and expenses, and distributing to the correct beneficiaries, can also take additional time, particularly where assets such as property need to be sold.
How much does probate cost when there is no will?
Costs can vary depending on the size and complexity of the estate and whether the matter is straightforward or involves disputes, additional applications, or specialist work.
There are typically court fees for the grant process, and there may be professional fees for preparing the application, dealing with estate administration, and advising on practical issues such as inheritance tax reporting, where relevant.
Getting early advice can help you understand the likely cost range for your situation and reduce the risk of avoidable delays that can increase overall expense.
Can I Contest How an Estate Has Been Divided Up Under the Rules Of Intestacy?
Yes, there may be grounds to challenge the position under the intestacy rules, e.g., if you are a cohabitee and feel you have not been adequately provided for.
Please get in touch with our Probate Litigation Team for assistance with a potential claim against the estate.
Making a Will is a good way to avoid the unintended consequences of the intestacy rules.
Do you advise on insolvent estates or estates where the debts exceed the assets?
If an estate has more debts than assets, it may be insolvent and different considerations can apply to its administration.
Whether we can assist will depend on the circumstances, including the nature and value of the estate's assets and the advice required. Please provide details of the estate's assets and liabilities when contacting us so that we can assess whether we are able to help.
Can I Create A Will On Someone’s Behalf After Their Death ?
No, it is not possible to make a Will on someone’s behalf after they have died. However, the beneficiaries under the intestacy rules can redirect their inheritance using a Deed of Variation.
Can I Get Probate When There Is No Will?
Yes, the person entitled under the relevant rules can apply for the Letter of Administration to deal with the estate.
How do you apply for letters of administration?
Where someone dies without a will, the personal representatives usually need a grant of representation, commonly a grant of letters of administration, before they can properly administer the estate. The application is made to the Probate Registry.
In practical terms, the application typically involves:
- Confirm who can apply under the intestacy rules (and who is entitled to benefit), including building a family tree and identifying the correct applicants.
- Gather the required documents, such as the death certificate and evidence of relationships (for example, marriage/civil partnership certificates and birth certificates).
- Determine the value of the estate, prepare any necessary Inheritance Tax forms, and send these to HMRC.
- Complete the application forms for the grant of letters of administration, setting out details of the deceased and the estate.
- Submit the application to the Probate Registry and respond promptly to any queries or requests for further information.
- Receive the grant, after which the personal representatives can collect and manage the deceased’s assets, pay debts and expenses, and distribute the estate.
If you are unsure who should apply, or if the family relationships are complex, getting the application right at the outset can help reduce delays and avoid problems later in the estate administration process.
If someone dies without a will, the estate still needs to be administered through the probate process. In intestacy cases, the people who can apply for the grant of representation (often called a grant of letters of administration) are determined by the same priority order used to decide who is entitled to inherit under the intestacy rules.
In other words, the “right to apply” generally follows the hierarchy of beneficiaries, so the closer the relationship (and the stronger the entitlement under the intestacy rules), the more likely they are to be able to apply. This is different from an executor, who is appointed in a will; where there is no will, there is no executor, and the court appoints personal representatives through the grant process.
Can I Contest How an Estate Has Been Divided Up Under the Rules Of Intestacy?
Yes, there may be grounds to challenge the position under the intestacy rules, e.g. if you are a cohabitee and you feel that you have not been adequately provided for.
Please get in touch with our Probate Litigation Team for assistance with a potential claim against the estate.
Making a Will is a good way to avoid the intestacy rules' unintended consequences.
Can Stepchildren Inherit under Intestacy?
Under the intestacy rules, “issue” refers to the intestate’s direct descendants. Although adopted children and illegitimate children are included, step-children are not included as an issue.
Who Cannot Inherit?
The rules of intestacy do not provide for unmarried partners or stepchildren. Therefore, if you would like to make provision for your partner and/or step-children, you must make a Will.
Why Choose Myerson's Wills, Trusts, and Probate Team?
- Recognised Expertise: Our Private Client team is recognised as one of the UK's leading private wealth practices, securing two prestigious wins at the British Wills and Probate Awards 2026 for Probate Provider of the Year – North & Midlands and Tax & Trusts Team of the Year. The team also won Private Client Team of the Year – North of England and Private Client Trusts, Tax & Wealth Planning Team of the Year at the Private Client Modern Law Awards 2026, and was Highly Commended for Probate & Estate Administration Team of the Year. We also hold a Band 2 ranking in the Chambers High Net Worth Guide and have been recognised as a Top Tier firm by The Legal 500 for the past seven years.
- Qualified Professionals: Our team holds additional qualifications in trust administration and tax regimes for trusts, along with the prestigious STEP (Society of Trust and Estate Practitioners) qualification. We have extensive experience setting up and managing live trusts, ensuring we understand the practicalities of trust operation and drafting.
- Comprehensive Support: We provide tailored advice that respects each client's unique circumstances and understands the emotional weight of estate matters. Our solicitors handle sensitive situations with care, offering support throughout the process.
- Holistic Approach: Our holistic strategy allows us to identify tax-saving opportunities and mitigate unexpected liabilities. We ensure clients comprehend the purpose and functioning of trusts, providing city-quality advice at regional prices.
- Partner-Led Service: Our partner-led approach guarantees the best legal advice and commercially minded support. We collaborate with corporate, family and property law teams, delivering a comprehensive service that addresses all aspects of estate management.
- Specialist Expertise: Our highly ranked team in The Legal 500 and Chambers for personal tax, trusts, and probate works closely with our contested wills solicitors to provide expert advice tailored to your needs.
- Recognised Leaders: Bik-ki Wong, Head of our Private Client team, has been recognised as one of the top influential private wealth lawyers in Manchester (2023) by Business Today and as one of the best probate and wills lawyers for high-net-worth individuals in the UK (2023) by Spear's.
- Extensive Network: Through our UK200 Group membership, we have strong connections to Independent Financial Advisers (IFAs) and tax advisers, offering comprehensive support tailored to your specific requirements.
- Catering to Diverse Needs: Our team includes Cantonese speakers, ensuring effective communication and understanding in managing estates.
- With our MSI Global Alliance Membership, we can connect you to trusted advisers in 100+ countries who can provide international legal advice for individuals and families.
- Look at the Myerson Promise for further benefits of working with us here.
Testimonials
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Mr Staples
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Mr. Fox
Ben kept me informed at all times. He dealt with my case in a quick and professional manner.
Mr. A
I dealt with Hannah Owens and she was extremely helpful and professional. As a result, I would have no hesitation in recommending your firm to my friends if they required legal advice.
Mrs & Mr Brighouse
Hannah Owens really understood our requirements. She explained various options, including the use of trusts, and had a deep understanding of the issues & tax legislation. She was very easy to talk to.
Mrs & Mr Wells
Laura Willis was very professional and dedicated a great deal of time to preparing our wills. Overall, we felt we were truly getting our money’s worth.
Legal 500, 2027
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Legal 500, 2027
Laura Willis - Laura is an absolute credit to her profession. I have worked with Laura for over ten years, and she has a wonderful ability to explain complex legal matters to clients.
Legal 500, 2027
Clare Staunton is the main person I've dealt with, and she's been great with the client work we've done together.
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Legal 500, 2027
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Mr Lee
Ever since appointing Myerson, I have received the best of advice and action on matters of great concern to my family.
Mr Barker
Having dealt with many lawyers over the years, it was refreshing to find Myerson who were professional, prompt, courteous, along with going the extra mile for their clients. Very impressive. Thank you.
Mr Gough
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Mr. Frame
Myerson were extremely helpful in liaising with me to submit an application to the Court of Protection. The solicitor was very knowledgeable and efficient in obtaining the required information and processing the paperwork in a timely manner. I am delighted with the standard of the work.
Legal 500, 2024
Approachable, knowledgeable and competent.
Heather
Laura undertook to complete the distribution of my husband's will since my previous solicitor was unable to do it. A difficulty had arisen from the way the Inheritance Tax had been paid and Laura explained that I could solve my problem with a Deed of Assignment. I was happy to let her prepare this for me
Peter
Our business was dealt with by Bik-ki Wong who impressed us with her competency and efficiency, whilst remaining friendly and helpful at all times. Our queries were answered clearly and promptly giving us confidence that our business would be carried out to our complete satisfaction
Anonymous
Myerson have been our solicitors for several years. They have guided my husband and I in arranging making wills, lasting power of attorney and initially, after the death of my husband through the process of probate.
Mrs. Westwood
Compared to my original solicitors Myerson have been excellent. Hannah Owens has provided clear explanations of the various options available to us, timely responses, and has been upfront about the expected costs.
Mr P
Handled our personal wills very professionally. Really clear and “no-nonsense” approach which we really appreciated
Ruth
I contacted Myerson as I was unable to find a solicitor in Ireland to deal with UK probate for my father's estate as there was a possible complication with domicile. Clara Staunton initially, then Hannah Owens were friendly, helpful, efficient, and proactive in dealing with the case, kept us informed all through the process, followed up without prompting from us and indeed prompted us when needed. It was a pleasure to deal with Hannah and Clara, and I would have no hesitation in recommending them.
Peter Brett & Elizabeth Brett
The service that Myerson provided was excellent. All aspects and options regarding my Will were discussed and explained to our understanding. Based on our experience we would not hesitate to recommend your Company to friends and family.
Legal 500, 2024
They go the extra mile to help their clients.
Anonymous
Laura Willis and Bik-ki Wong have been a credit in resolving my issue and ensured the process was both timely and transparent. Thank you!
Susan
I cannot recommend this firm highly enough. During a very difficult time after the death of my husband, we were treated with the utmost sensitivity and compassion. Hannah at Myerson, in particular, supported my family extremely efficiently throughout the whole process of probate. Communication was frequent and nothing was too much trouble.
Joyce Mann
Clara was very efficient in dealing with my late husband’s Will. Clara was always available to help in any way. Very caring and understanding, that is very important to clients. I must mention your reception team were always happy to help.
Anonymous
I was very impressed with the care and attention that was given to me by Clara Staunton. She went through everything with me and everything was completed in a very short time even though she had to get things signed by one of my sons who lives in New Zealand. I would recommend your firm to anyone who needed a good reliable solicitor. Once again, thank you for everything.
Mr. Wallace
Excellent proactive support to myself and my business led by Clara Staunton and Charlotte Peers who were both excellent every step of the way.
Phil
Handled our personal wills very professionally, really clear and “no-nonsense” approach which we really appreciated
Legal 500, 2024
The team at Myersons continue to provide excellent support to this Family Office. They are diligent professionals always on hand with expert advice delivered in a friendly and meaningful way.
Legal 500, 2024
Very experienced and highly skilled team. Very good to work with on those matters where collaborative working required.
Mr. Lee
Everything that you have touched in what has been a difficult time for me has been dealt with promptly and in the knowledge that I am not at my best. I value the care you have shown.
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