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Administering a death estate when there isn’t a Will

When administering the estate of someone who has died, the process can be different depending on whether the person who has died made a Will. Where there isn’t a valid Will then the estate will be distributed in accordance with the Intestacy Rules and you might need authorisation from the Probate Registry to administer the estate, this authorisation is known as Letters of Administration. At Frodshams our solicitors are trained to help you navigate the relevant legal process in what can be one of life’s most difficult times.

Estate Administration Guide

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Intestate Process Explained

Losing a loved one is difficult enough without the added confusion of legal uncertainty. If a family member has passed away without leaving a valid Will, their estate is distributed according to intestacy law. The explanation below applies to England and Wales. Scotland and Northern Ireland have their own intestacy rules.

Even if the family agrees on what should happen, you cannot share out assets straight away. To stay legally compliant, the estate must go through an administration process first. This usually involves:

Step 1: Locate and value assets: Identify all bank accounts, property, pensions, investments, and debts so the total estate value is clear.

Step 2: Apply for Letters of Administration: Where there is no Will, the person entitled to administer the estate (normally the closest eligible relative) applies to the Probate Registry for this legal authority.

Step 3: Pay debts and tax: Any outstanding debts and any Inheritance Tax due must be settled before anyone can inherit.

Step 4: Distribute the estate: Only once debts and tax are dealt with can the remaining estate be shared out under the intestacy rules.

Intestacy applies when someone dies without a valid Will, or without a Will that disposes of all of their estate. In those circumstances, the law decides who inherits. The estate is distributed in a fixed legal order. The list below shows that order, and inheritance passes to the first eligible relatives in it.

1. Spouse or Civil Partner

A spouse or civil partner has first priority under intestacy. To count, the relationship must have been legally recognised at the time of death. If it was not (for example, the couple were living together but not married or in a civil partnership), intestacy treats the estate as having no spouse, and the inheritance order moves straight to section 2.

When there is a spouse or civil partner:

If there are no children, they inherit the whole estate.

If there are children, the spouse or civil partner must survive the deceased by 28 days and receives:

The deceased person’s personal belongings (known legally as personal chattels)
A fixed sum set by law (the statutory legacy)
and half of the remaining estate

The children share the other half.

2. If there is no spouse or civil partner

Where there is no husband, wife, or civil partner, the estate passes to the first group below that has living members, in this exact order:

Children (or their descendants).
Parents.
Siblings (full blood).
Half siblings.
Grandparents.
Aunts and uncles (full blood).
Half aunts and uncles.
The Crown or Royal Duchies: If no relatives can be found, the estate passes to the Crown, or to the Duchy of Lancaster or Duchy of Cornwall if the person lived in those areas.

Letters of Administration – when its needed

A letter of Administration is a legal document issued by the Probate Registry in England and Wales. They appoint an Administrator and give them the legal authority to collect assets, pay debts, and distribute the estate when there is no Executor in place.

Letters of Administration are needed whenever an estate has no valid Executor appointed through a Will, including when:

There is no Will at all
The Will is not valid (for example, it was not signed or witnessed correctly)
There are no Executors named in the Will
The named Executors have died, cannot act, or are unwilling to act

Unlike a Will where you choose your Executor, the law sets a strict order for who can apply to be Administrator. Priority is given in this order:

Spouse or civil partner
Children (18+)
Parents
Siblings (full blood)
Half siblings
Grandparents
Aunts and uncles (full blood)
Half aunts and uncles

If more than one person has equal priority (for example, more than one child), they can apply together or agree who will apply.

Letters of Administration are not always necessary. You may be able to deal with the estate without a grant if no bank, provider, or land authority insists on one, for example where:

The estate is small, and banks are willing to release funds using their small-estate procedure
Assets were held jointly as joint tenants, so they pass automatically to the surviving owner
Most assets pass outside the estate, such as pensions or life insurance with named beneficiaries
There is no property, investment, or account that requires a grant to close or transfer

KIRSTY STRONG

HEAD OF PRIVATE CLIENT

TO CONTACT KIRSTY PLEASE
CALL01744 626 600
EMAILinfo@frodshams.co.uk

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“Our goal is to simplify the process and ease your stress so you feel confident and cared for every step of the way.”

Our dedicated team brings extensive experience in supporting clients and their families through the legal process during some of life’s most trying moments. Led by our Private Client Partner, Kirsty Strong, who has been specialising in this field since 2009, our team handles even the most challenging and intricate cases with professionalism and care. We are here to provide guidance and expertise every step of the way.

TO CONTACT KIRSTY PLEASE CALL01744 626 600
EMAILinfo@frodshams.co.uk

Administering a death estate when there isn’t a Will

Estate Administration Guide

Intestate Process Explained

THE ADMINISTRATION PROCESS, STEP BY STEP

WHO INHERITS UNDER INTESTACY

Letters of Administration – when its needed

WHEN DO YOU NEED TO APPLY

WHO IS ALLOWED TO APPLY?

WHEN MIGHT A GRANT NOT BE REQUIRED?

Statutory Legacies

When does a statutory legacy apply?