Probate Without a Will (Intestacy)

When someone dies without a valid will, their estate passes under the rules of intestacy - a fixed legal formula that determines who inherits and in what order. You still need authority to administer the estate, but instead of applying for a Grant of Probate, you apply for Letters of Administration. The process is similar. What changes is the form you use, the document you receive, and - most significantly - who inherits.

If there is a will but you are unsure whether probate is still required, see our guide to whether you need probate if there is a will.

What happens when someone dies without a will?

Dying without a valid will is called dying "intestate." In this situation:

• There is no executor named to manage the estate
• The estate does not pass according to the deceased's wishes - it passes according to the fixed rules of intestacy
• An eligible family member must apply to the Probate Registry for Letters of Administration
• The person who applies is called the "administrator" (not executor)

Letters of Administration serve the same practical purpose as a Grant of Probate - they give the administrator legal authority to deal with banks, property, and other assets. But they are a different legal document, and the application form is different.

The rules of intestacy - who inherits?

The Administration of Estates Act 1925 sets out who inherits under intestacy. The rules work down a fixed priority order through family relationships:

If there is a surviving spouse or civil partner

The spouse or civil partner inherits:

• All personal property and belongings
• The first £322,000 of the estate outright (the statutory legacy - this figure applies from July 2023)
• Half of everything above £322,000 (the other half goes to the deceased's children)

If there are no children, the spouse or civil partner inherits the entire estate.

If there is no surviving spouse or civil partner

The estate passes to the deceased's relatives in this order. The first category of relative to exist takes everything:

1. Children (in equal shares; if a child has died their own children inherit their share)
2. Parents
3. Full siblings (brothers and sisters by both parents)
4. Half siblings
5. Grandparents
6. Uncles and aunts (full blood)
7. Half blood aunts and uncles
8. The Crown (if no relatives at all)

What counts as "children"?

Under intestacy, "children" includes biological children, adopted children, and children conceived before death but born after. It does not include stepchildren who have not been formally adopted. If a child of the deceased has already died, that child's own children (the deceased's grandchildren) step into their parent's place and share that portion equally.

Who can apply for Letters of Administration?

The Non-Contentious Probate Rules set the priority order for who can apply:

1. Spouse or civil partner
2. Children (or their descendants)
3. Parents
4. Siblings
5. Half siblings
6. Grandparents
7. Uncles and aunts
8. Half blood uncles and aunts

Those higher in the priority list must either apply, formally "renounce" (give up their right), or give written consent for someone lower down to apply. Up to four administrators can be appointed jointly.

How to apply - form PA1A

To apply for Letters of Administration where there is no will, you use form PA1A (the equivalent of PA1P for estates with a will). You can apply online via gov.uk or submit the paper form by post.

The application requires:

• Confirmation that you have checked for a will and none exists
• Details of the deceased's family relationships (to confirm the order of priority)
• Estate valuation information (same as for probate with a will)
• Inheritance tax confirmation (excepted estate or IHT400 reference)

The court fee is the same as for probate with a will: £300 for estates over £5,000, free for estates below. Sealed copies of the grant cost £16 each - order five to ten at the time of application. Our probate checklist covers all the steps and documents you will need to work through.

How it differs from probate with a will

The main practical differences when there is no will:

• Form: You use PA1A instead of PA1P
• Document: You receive Letters of Administration rather than a Grant of Probate
• No will to submit: There is no original will to send to the Probate Registry
• Beneficiaries: Determined by the rules of intestacy, not by the deceased's expressed wishes
• Priority to apply: Set by the rules above, not by the will

Once you have Letters of Administration, the estate administration process is essentially the same as for a grant: you collect assets, pay debts, complete tax returns, and distribute the estate - but according to the intestacy rules rather than a will.

What if there are no eligible relatives?

In rare cases where the deceased has no surviving relatives at any level, the estate passes to the Crown. This is known as "bona vacantia" - Latin for "vacant goods." In England and Wales, bona vacantia estates are dealt with by the Government Legal Department, which takes possession of the assets. Local charities or connected individuals can sometimes make a claim against the estate, but there is no automatic entitlement.

Challenging intestacy distributions

If you were financially dependent on the deceased but are not included in the intestacy rules (for example, an unmarried partner, a step-child, or another dependant), you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This allows the court to make a financial order from the estate in appropriate cases. The time limit for making such a claim is generally six months from the date Letters of Administration are granted, so seek legal advice promptly if this applies to you.

When to get professional advice

Intestacy cases are sometimes more complicated than they first appear. Get professional advice if:

• It is not clear who qualifies as a beneficiary under the intestacy rules (for example, disputed paternity or adoption situations)
• An unmarried partner or other dependant may have a claim under the 1975 Act
• The deceased had children from multiple relationships
• There is a dispute about who has priority to apply for Letters of Administration
• The deceased had assets in another country

A solicitor with experience of intestacy can work through the family tree, confirm who is entitled to what, and help you avoid distributing the estate incorrectly - which would leave you personally liable as administrator.