Probate Without a Will
When someone dies without a will, the estate is distributed according to the intestacy rules — not according to the deceased's wishes. Here is what happens, who can apply for letters of administration, and how the process works.
Grant of Probate vs Letters of Administration
When someone dies with a will, the executor applies for a grant of probate. When someone dies without a will, the next of kin applies for letters of administration. Both documents give the holder legal authority to deal with the estate — the process and the legal authority are the same. The difference is simply whether a will exists.
Who Inherits Under the Intestacy Rules?
The Administration of Estates Act 1925 (as amended) sets out a strict order of priority for who inherits when there is no will. The rules apply in England and Wales — Scotland and Northern Ireland have different rules.
| Situation | Who Inherits | Notes |
|---|---|---|
| Married / civil partner + children | Spouse gets all personal property, statutory legacy (£322,000), and half the remainder. Children share the other half. | Statutory legacy amount updated periodically by government order. |
| Married / civil partner, no children | Spouse or civil partner inherits everything. | Parents, siblings and other relatives receive nothing. |
| Children, no spouse | Children share the estate equally. | If a child has died, their children (grandchildren) inherit their share. |
| No spouse, no children | Parents, then siblings, then half-siblings, then grandparents, then aunts/uncles. | The order of priority is set by the Administration of Estates Act 1925. |
| Unmarried partner (cohabiting) | Nothing — cohabiting partners have no automatic right to inherit under intestacy. | May be able to make an Inheritance Act claim if financially dependent. |
| No surviving relatives | The estate passes to the Crown (bona vacantia). | The Treasury Solicitor administers the estate. |
Statutory legacy figure correct as of 2024. Cohabiting partners have no automatic right to inherit regardless of the length of the relationship.
How to Apply for Letters of Administration
The process for obtaining letters of administration is broadly similar to applying for a grant of probate — but there are additional steps around establishing who has priority to apply.
Establish who has priority to apply
1–2 weeksThe Non-Contentious Probate Rules set out who has priority to apply for letters of administration. The surviving spouse or civil partner has first priority, followed by children, then parents, then siblings. All those with equal priority must either apply together or renounce their right.
Value the estate
2–6 weeksAll assets and liabilities must be valued as at the date of death. This includes property, bank accounts, investments, vehicles, personal possessions and any debts owed to or by the deceased. A professional valuation is required for property.
Complete inheritance tax forms
2–4 weeksEven if no inheritance tax is due, HMRC forms must be completed. For taxable estates, IHT must be paid (or arrangements made) before the Probate Registry will issue letters of administration.
Submit the application
1 weekThe application for letters of administration is submitted to the Probate Registry, along with the death certificate, completed HMRC forms, and the application fee (£300 for estates over £5,000).
Probate Registry processing
8–16 weeksThe Probate Registry processes the application. Current waiting times are 8–16 weeks for straightforward applications. Once approved, letters of administration are issued — giving the administrator legal authority to deal with the estate.
Administer and distribute the estate
3–12 monthsOnce letters of administration are issued, the administrator collects assets, pays debts and taxes, and distributes the estate according to the intestacy rules. The administrator has the same duties and potential liabilities as an executor.
Cohabiting Partners: No Automatic Rights
Under the intestacy rules, cohabiting partners have no automatic right to inherit — regardless of how long they lived together. This is one of the most common and devastating consequences of dying without a will.
If you were financially dependent on the deceased and lived with them for at least two years, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 — but this requires a court application and is not guaranteed. The best protection is a will.
Make a will to protect your partnerFrequently Asked Questions
What is the difference between probate and letters of administration?
Who can apply for letters of administration?
Can a cohabiting partner apply for letters of administration?
How long does probate without a will take?
Does the spouse always inherit everything if there is no will?
What if the deceased had no relatives at all?
Can I challenge the intestacy rules?
Do I need a solicitor for probate without a will?
What are the risks of being an administrator?
Can I still make a will after someone has died without one?
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Nikolina Vukovic
Legal Executive — Wills, Trusts & Estates
Nikolina specialises in probate, wills, trusts and estate administration. She supports clients through what is often one of the most difficult periods of their lives — from straightforward administrations to complex estates involving property, inheritance tax and sensitive family circumstances.
Darren Steele
Senior Private Client Executive · STEP Member
Darren has worked in the legal sector since 1998 and has been a STEP member since 2011. He specialises in wills, trusts, lasting powers of attorney and probate — with particular expertise in inheritance tax planning and complex estate structuring.
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Laura is a qualified solicitor with ten years' post-qualification experience, specialising in wills, probate, and lasting powers of attorney. Known for her calm, methodical approach, she brings both legal expertise and genuine insight to every matter — particularly in emotionally complex family situations.
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