What Happens When Someone Dies Without a Will in the UK

When someone dies without leaving a valid will, they are said to have died "intestate." This is more common than most people realise — research suggests that around 60% of adults in the UK don't have a will. If this has happened in your family, you're far from alone.

Dying without a will doesn't mean everything is lost or that the estate can't be dealt with. It simply means that instead of the deceased's wishes determining who inherits, a set of legal rules — known as the rules of intestacy — decide how the estate is distributed.

This guide explains how those rules work in England and Wales, who is entitled to inherit, and what steps you need to take.

What are the rules of intestacy?

The rules of intestacy are a fixed legal framework set out in the Administration of Estates Act 1925 (as amended). They establish a strict order of priority for who inherits when there is no will.

These rules cannot be adjusted based on what the deceased might have wanted, or what seems fair. They apply automatically, regardless of the circumstances.

It's worth noting that the rules are different in Scotland and Northern Ireland. This guide focuses on England and Wales, where most of the UK population lives.

Who inherits under the rules of intestacy?

The rules follow a strict hierarchy. If someone exists in a higher category, they inherit before anyone in a lower category.

Married spouse or civil partner — If the deceased was married or in a civil partnership, the surviving partner inherits the first £322,000 of the estate (as of 2025/26), plus all personal possessions. If the estate is worth more than this, the remainder is split: half goes to the surviving partner and half is divided equally among the deceased's children.

Children — If there is no surviving spouse or civil partner, the estate is divided equally among the children. If any child has already died, their share passes to their own children (the deceased's grandchildren).

Parents — If there is no surviving spouse, civil partner, or children, the estate passes to the deceased's parents in equal shares.

Siblings — If neither parents nor a spouse survive, the estate goes to brothers and sisters (or their children if they have already died).

The hierarchy continues through half-siblings, grandparents, aunts and uncles, half-aunts and half-uncles, and finally to the Crown (known as "bona vacantia") if no relatives can be found at all.

Who does NOT inherit under intestacy?

This is where the rules can cause real hardship. Several categories of people have no automatic right to inherit under intestacy, regardless of how close their relationship was with the deceased.

Unmarried partners — Even if you lived with the deceased for decades, cohabiting partners have no automatic right to inherit under intestacy law. This is one of the most significant gaps in the current rules and catches many families off guard.

Stepchildren — Unless they were legally adopted by the deceased, stepchildren are not recognised under the rules of intestacy.

Close friends, carers, or other dependants — No matter how important someone was in the deceased's life, if they are not a blood relative, spouse, or civil partner, they have no entitlement under these rules.

If you fall into one of these categories, you may still be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this requires legal action and is not guaranteed.

Who deals with the estate if there's no will?

When someone dies with a will, they usually name an executor to manage the estate. Without a will, there is no named executor. Instead, the rules of intestacy also determine who has the right to apply for a Grant of Letters of Administration — which is the intestacy equivalent of probate.

The order of priority for administrators broadly mirrors the inheritance hierarchy: the surviving spouse or civil partner has first right, followed by children, then parents, and so on.

The administrator has the same legal responsibilities as an executor — they must value the estate, pay any debts and taxes, and distribute the assets according to the intestacy rules.

What steps do you need to take?

If someone close to you has died without a will, the practical steps are largely the same as when there is a will, with a few key differences.

First, register the death and obtain death certificates as normal. Then, establish whether a will exists. Sometimes a will is found later, in a solicitor's office, a safe deposit box, or among personal papers. It's worth checking thoroughly before assuming there isn't one.

If no will is found, the next step is to apply for Letters of Administration through the Probate Registry. This process is similar to applying for a Grant of Probate, and the fees are the same (currently £300 for estates over £5,000). You can apply online at GOV.UK.

Once you have the Letters of Administration, you can begin administering the estate — closing accounts, selling property, paying debts, and eventually distributing the remaining assets according to the intestacy rules.

Can the intestacy rules be challenged?

Yes, but only in limited circumstances. If you believe you should have inherited but are excluded by the rules, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This applies to spouses, former spouses, cohabitants, children, and anyone who was financially maintained by the deceased.

Claims must usually be made within six months of the Grant of Letters of Administration being issued, so it's important to seek legal advice quickly if you think this applies to you.

It's also possible for all beneficiaries under intestacy to agree to a Deed of Variation, which allows them to redistribute the estate differently from what the rules dictate. This requires everyone's consent and is typically done with legal guidance.

How Passage can help

Dealing with a death when there's no will can feel even more overwhelming than usual. Passage gives you a free, personalised plan that guides you through every step — from registering the death through to applying for Letters of Administration and distributing the estate. Whether there's a will or not, we'll help you understand what needs doing and when.

If you're navigating this right now, start your free plan and let us guide you through it.