Probate Without a Will
When someone dies without a will, their estate has to be sorted out by the law. This process, called probate, involves dealing with money, property, and debts.
Applying for probate is a similar process whether there's a will or not. But, without a will, there aren't any executors or legal instructions on how to manage the estate. Instead, the court appoints an administrator, and the estate is divided according to the rules of intestacy, which can complicate things.
At Lawhive, our network of wills, trust, and probate solicitors can help you manage probate without a will quickly and affordably.
Contact our Legal Assessment team for more information and get a fixed fee quote for legal services from a specialist probate solicitor.
Can you get probate without a will?
You can get probate without a will, although the process differs from when there is a will.
When a person makes a will they appoint executors, who are the people responsible for administering the estate. It is the job of the executor to apply for a Grant of Probate. But when someone dies without a will, there are no executors, so the process is different.
Instead, an administrator is appointed to do this job. Their role is to apply for a Grant of Letters of Administration which gives them the authority to deal with the deceased’s estate, including assets, debts, and distribution to beneficiaries according to the rules of intestacy.
You can apply for a Grant of Letters of Administration if you are the person who is entitled to inherit under the rules of intestacy. In priority order, this could be the deceased’s:
For example, if a person dies without a will and they are married, their spouse would be the person who is entitled to apply Grant of Letters of Administration. Alternatively, if a person dies without a will and they are unmarried, have no children and their parents are deceased, their sibling(s) would be entitled to apply.
Who inherits if there is no will?
When someone passes away without a will, their estate is divided based on the rules of intestacy, following a specific order. This can be tricky because these rules are fixed and may not include all family members, like stepchildren or unmarried partners.
Dealing with probate without a will can be challenging and emotional. It's not always clear who should manage the estate or inherit. If you're unsure about what to do, it's important to seek guidance from a solicitor who specialises in wills, trusts, and probate. They will make sure the process is handled correctly and address any disputes that may arise.
Who is the next of kin when someone dies without a will?
When someone dies without a will, the next of kin is typically determined based on legal rules of intestacy.
In the UK, the next of kin is usually the deceased person's closest living relatives, such as their spouse or civil partner, followed by their children, parents, siblings, and so on, in a predetermined order of priority.
If there are no surviving relatives, the estate may pass to the Crown. However, it's important to note that the specific rules can vary depending on the circumstances.
What are letters of administration?
Grant of Letters of Administration is a legal document that gives you the authority to handle the estate of someone who has died. In Scotland, the process is slightly different and is known as confirmation.
It is illegal to access or distribute any funds from the estate before getting a Grant of Letters of Administration, except in certain circumstances.
Once you receive the grant, you become the estate’s administrator and will need to assess the estate’s value, settle any debts, and determine if any inheritance tax is owed. Once this process is complete, you can then distribute the estate’s assets but this must be done according to the rules of intestacy.
The cost of getting Letters of Administration is currently £273.
When is a grant of letters of administration needed?
If an estate includes property solely owned by the deceased, or if significant amounts of money are involved, a Grant of Letters of Administration is needed when someone dies without a will, or there are doubts about the will’s validity.
Without it, access to the estate’s assets is restricted. This means bank accounts can’t be closed, or property sold. That being said, in some cases, assets can be managed without a Grant of Letters of Administration, and banks may release funds up to a certain amount.
If a person dies with a will but does not name any executors, or if the named executors are unable or unwilling to fulfill their duties, a Grant of Letters of Probate is necessary.
How to apply for a letter of administration
To apply for a letter of administration, you should first compile detailed information about the deceased person’s estate, including the value of their assets and any outstanding debts. You will need this to complete the Inheritance Tax returns and work out any tax owed to HMRC.
After you’ve done this, you’ll need to complete the necessary forms and submit them to your nearest probate registry, along with the original death certificate, inheritance tax forms, and the required fee.
Once the application is submitted, you’ll need to wait for the decision of the probate registry. If approved, the Grant of Letters of Administration will be issued and sent to you by post.
What’s the difference between letters of administration and grant of probate?
The main difference between letters of administration and a grant of probate is who gets them. Grant of probate goes to the executor(s) named in a will, while letters of administration are for those who inherit when there’s no will.
The function of both grants is to permit someone to administer the estate.
How long does it take to get a grant of letters of administration?
Obtaining a grant of letters of administration can take up to 16 weeks after submitting your application. However, in more complex cases where additional information is required, it may take longer.
Before applying for the grant, several steps need to be completed, such as assessing the deceased's assets and debts, valuing the estate, and checking for any inheritance tax liabilities. This process must be completed before the grant application can be submitted.
In straightforward cases, such as when there is a surviving spouse or civil partner, the process may be quicker and more straightforward. However, if the deceased only has distant relatives or their next of kin is difficult to locate, it may take longer as these individuals need to be found before the grant application can proceed.
How can Lawhive help?
If you’re dealing with probate without a will, our experienced network of solicitors is here to assist you in dealing with probate without a will.
Contact our team to speak about your case and get a quote for legal services from a specialist solicitor.