Last Updated on April 29, 2026 by tanya

What To Do If a Loved One Dies Without a Will

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

How and When You Can Claim

The death of a loved one is never easy, but a major question for families is what to do if a loved one dies without a will? Without a valid will, the law decides who inherits the estate according to intestacy rules. However, this may not always reflect what the deceased would have wanted.

If you’ve been left facing this situation, you may be wondering ‘Who inherits if there’s no will? Can I claim anything? How do I apply for probate or letters of administration?

As these matters can be complex, here’s more on what to do next.

 

What Does Intestacy Mean?

If a person dies intestate, their estate (money, property, and possessions) is distributed according to the intestacy rules set out in law.

• In England and Wales, these rules are governed by the Administration of Estates Act 1925.
• In Scotland, succession is handled differently, with specific “prior rights” for spouses and children.
• In Northern Ireland, the rules broadly mirror those in England and Wales, but with local differences.

 

Who Inherits When There Is No Will?

The intestacy rules set out a strict order of entitlement:

1. Spouse or civil partner – If the deceased was married or in a civil partnership, their partner is first in line.
2. Children – If there are children, the estate is divided between the spouse and the children.
3. Other relatives – If no spouse or children survive, the estate passes to parents, then siblings, nieces and nephews, and more distant relatives.
4. The Crown – If no eligible relatives exist, the estate passes to the Crown.

Important: Unmarried partners (sometimes called “common-law partners”), stepchildren, and friends do not automatically inherit under intestacy.

 

Can I Make a Claim if I’m Left Out?

Yes, in some situations you may still be able to claim from the estate even if you’re not entitled under intestacy rules.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to court for “reasonable financial provision”. This may include:

 

• Unmarried partners who lived with the deceased for at least 2 years before death.
• Children (including adult children).
• Stepchildren who were treated as part of the family.
• Anyone financially dependent on the deceased.

 

⚠️ Time limit: Claims under the Inheritance Act must usually be made within 6 months of the grant of representation (letters of administration).

 

How Do I Claim an Estate With No Will?

Here are the key steps if your loved one died intestate:

1. Identify Who Can Administer the Estate

The closest relative entitled to inherit usually applies to be the administrator of the estate. This person takes on the same role as an executor would if there had been a will.

 

2. Apply for a Grant of Letters of Administration

This legal document gives the administrator authority to deal with the estate. The application is made through the Probate Registry.

You’ll need:

• A death certificate
• Details of the estate’s assets and debts
• The intestacy hierarchy to determine eligibility

 

3. Value the Estate

The administrator must:

• Collect details of bank accounts, pensions, investments, and property
• Pay debts, taxes (including inheritance tax if applicable), and funeral expenses

 

4. Distribute the Estate According to Intestacy Rules

Once everything is settled, the administrator distributes the estate following the statutory order.

 

Common Issues With Intestacy

Dying without a will can create real difficulties for families. Some common issues include:

• Unmarried partners excluded – Even if they lived together for decades.
• Stepchildren left out – Unless legally adopted.
• Family disputes – Siblings arguing over who should administer the estate or how items should be shared.
• Financial hardship – Partners or dependants left without immediate access to funds.
• Tracing heirs – Sometimes distant relatives must be located, delaying the process.

In these situations, legal advice can be crucial.

 

Can I Speed Up the Process?

While the law sets the framework, you can avoid delays by:

• Collecting financial paperwork early
• Communicating with all potential heirs
• Keeping detailed records of estate transactions
• Seeking professional probate advice for complex estates

 

FAQs – Your Quick Guide When Someone Dies Without A Will

Who inherits if someone dies without a will?

 

If the deceased was married or in a civil partnership, their spouse is first in line, with children next in line.  If there is no spouse or children, other relatives inherit in a set order.

 

Can unmarried partners inherit if there is no will?

 

No, unmarried partners do not automatically inherit under intestacy rules. They may need to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

 

How long does probate take if there is no will?

 

On average, it takes 9–12 months to settle an intestate estate in England and Wales. The process may take longer if disputes arise or property must be sold.

 

What are “letters of administration”?

 

Letters of administration are the legal authority given to a close relative of the deceased to manage the estate when there is no will.

 

Can stepchildren inherit without a will?

 

No, stepchildren are not entitled under intestacy unless they were legally adopted. They may, however, make a claim if they were financially dependent on the deceased.

 

Can I contest the distribution of an estate with no will?

 

Yes, you may contest or make a claim if you were financially dependent on the deceased or believe you were unfairly excluded. But, seek legal advice quickly, as time limits apply.

 

Key Takeaways When Someone Dies Without a Will

• If someone dies without a will, their estate is divided according to intestacy rules.
• Spouses and children have priority, followed by other relatives.
• Unmarried partners and stepchildren are not automatically included.
• If you’re excluded but financially dependent, you may claim under the Inheritance Act 1975.
• The estate is managed through a grant of letters of administration.
• The process usually takes 9–12 months.

 

Need Help Today?

Losing a loved one is hard enough without the legal and financial complications of intestacy. If someone close to you has died without a will, the key is to understand the rules, apply for letters of administration, and follow the legal process.

And if you discover you are not entitled under intestacy but were dependent on the deceased, you may still be able to make a claim under the Inheritance Act, but it’s essential to act quickly.

First Personal Injury partners with highly experienced probate lawyers who can guide you through the process. They offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

Call us today at 0333 358 2345 or contact us online and we’ll call you back.