What happens when someone dies without a will? Probate without a will is known as intestacy, and there are strict rules that govern who can administer the estate and how assets should be distributed. Learn more in our detailed guide on probate without a will.
If a person dies without leaving a will, they are referred to as an ‘intestate person’ and their estate will be shared out according to the rules of intestacy.
Often, only married partners, civil partners and certain close relatives of the deceased can inherit their estate under the rules of intestacy, though it can depend on circumstances and the rules can get complicated.
The process of probate involves administering the deceased’s estate—transferring ownership of their money, property, and possessions. If there’s a will, assets are distributed as instructed; if not, intestacy rules determine who inherits.
Can you apply for probate without a will?
It is possible to apply to manage the estate of someone who died without a will. This is called applying for Letters of Administration. The probate registry appoints an administrator which is chosen according to the rules on intestacy, to handle the estate and distribute assets. This could be a close relative, such as a spouse, civil partner or a child, who is legally entitled to inherit the assets. Any eligible person may apply over the age of 18.
What are Letters of Administration?
Similar to a Grant of Probate, Letters of Administration is a legal document issued by the court, granting an individual the authority to administer the deceased’s estate and distribute assets according to intestacy law.
When the deceased has left no will, the administrator needs to apply to the Probate Registry for a Letter of Administration which grants the legal authority needed to administer the estate.
What is the difference between a Grant of Probate and a Grant of Letters of Administration?
While both grant of probate and letters of administration provide the authority to administer the estate of a deceased person, there are some distinct differences.
The important distinction between the two is that a grant of probate can only be obtained where there is a valid will, while letters of administration is required where there is no valid will, or an executor is not named.
Who can apply for Letters of Administration?
When someone dies without a will, the person who applies for Letters of Administration must be entitled to inherit under the rules of intestacy. The law sets out a clear order of priority for who can apply:
Spouse or civil partner (if still legally married or partnered at the time of death)
Children (including legally adopted children)
Parents
Siblings
More distant relatives (e.g. nieces, nephews, grandparents)
If the person with highest priority is unable or unwilling to apply, the next eligible person in line may do so. All applicants must have a legal right to inherit under intestacy rules.
My lawyer was very helpful at all stages of the process. She explained things clearly and was very flexible and helpful in dealing with my challenging personal circumstances. I would highly recommend.
Ms G, Lancashire (wills, trusts & probate case)
Very pleased with the service I received from Slater and Gordon. All actions required were carried out in a sympathetic and efficient manner. Clarification of requirements were indicated in a clear and precise detail with good communication.
Mr S, Lancashire (wills, trusts & probate case)
I am thrilled with how fast my Grant of Probate was dealt with and how lovely everyone was. I would highly recommend their services.
Mrs E, Manchester (wills, trusts & probate case)
To apply, you will need to apply to the Probate Registry for a Letter of Administration. You’ll also need a copy of the death certificate during your application, inheritance tax forms and there is an application fee, and a small additional fee for any further copies of the Letter you may require.
How long does it take to apply for Letters of Administration?
The time it takes to apply for Letters of Administration can vary widely depending on the complexity of the deceased’s estate and any personal circumstances. If the deceased is survived by a spouse or civil partner, the process is typically much quicker, often completed within 6 to 10 weeks, since they are usually the main beneficiary and administrator under the rules of intestacy.
If there is no surviving partner, and especially if the deceased had no children or grandchildren, identifying the correct beneficiaries can be more complicated and time-consuming. Additional delays may arise if there’s uncertainty about whether a valid will exists, if the estate includes foreign assets, or if distant or estranged relatives need to be located. In such cases, the process can take up to several months or even longer.
What are the tax implications of a lifetime trust?
A lifetime trust involves complex tax rules. Inheritance Tax may apply at 20% on assets over £325,000, with possible 10-year and exit charges up to 6%. Capital Gains Tax and higher-rate Income Tax can also affect trust assets and income. As rules vary by trust type and management, expert legal advice is key. Our specialist tax solicitors can help ensure your trust is compliant and tax efficient.
How can Slater and Gordon help?
For those looking for support during what is often a difficult and emotional time, our solicitors are on hand to offer advice on how to deal with probate, intestacy and the steps to take when applying for Letters of Administration. Our experts can also offer help in drafting a will which will help you to avoid intestacy.
At Slater and Gordon, many of our probate solicitors are members of the Society of Trusts and Estate Practitioners (STEP). All STEP members are subject to an extensive Code of Professional Conduct, requiring them to act with integrity and in a manner that inspires the confidence, respect and trust of their clients and of the wider community.
Our industry-leading probate solicitors with several years’ experience can offer support in several areas including:
Supporting administrators in handling probate without a will
Support in applying for letters of administration
Legal advice and guidance on handling any tax implications
Help in distributing assets according to the rules of intestacy
We are an award winning law firm and have a dedicated team of solicitors to advise and guide you – no matter how complex your situation may be.
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Frequently asked questions about probate without a will
How much does it cost to get Letters of Administration?
How much you need to pay depends on the value of the estate. For anything over £5,000, the application fee is £300. Extra copies of the probate document are £1.50 each and for second probate application, the cost is £21.
To learn more about the fees involved in probate without a will, speak to our specialist solicitors today on 0330 041 5869 or get in touch online.
Who is eligible for Letters of Administration?
The law prioritises the closest living relative of the decease. This includes, spouse or civil partner, children, parents, siblings, grandparents and aunts and uncles.
Do I need a solicitor to apply for Letters of Administration?
You don’t need a solicitor to apply for Letters of Administration but if the estate is large or complex or there are debt or tax issues, having a solicitor to offer their advice is beneficial.
How long does probate take if there is no will?
The process can vary depending on several factors; however, it can typically take between 6-12 months.
Can I sell a house with Letters of Administration?
Yes, you can sell a house with Letters of Administration, but only once the grant has been officially issued.
Do I need to apply for Letters of Administration or a grant of probate?
Whether you need to apply for Letters of Administration or a Grant of Probate depends on whether the deceased left a valid will. If there is a valid will, you will need to apply for a Grant of Probate. Where no will was left, or the will is deemed invalid, you will need a Grant of Letters of Administration.
My lawyer was very helpful at all stages of the process. She explained things clearly and was very flexible and helpful in dealing with my challenging personal circumstances. I would highly recommend. Ms G, Lancashire (wills, trusts & probate case)
Very pleased with the service I received from Slater and Gordon. All actions required were carried out in a sympathetic and efficient manner. Clarification of requirements were indicated in a clear and precise detail with good communication. Mr S, Lancashire (wills, trusts & probate case)
I am thrilled with how fast my Grant of Probate was dealt with and how lovely everyone was. I would highly recommend their services. Mrs E, Manchester (wills, trusts & probate case)