Probate Without a Will UK 2026

UK families dealing with a death where the person left no will face a particular process, because there is no executor and the estate must be handled under the intestacy rules. This guide explains probate without a will in England and Wales: who can act, how to apply for letters of administration, how the estate is shared out, and the risks to watch. It cites HM Courts and Tribunals Service and the Administration of Estates Act 1925. Kael Tripton is an editorial publisher and not a regulated legal services provider. This article is information only and is not legal advice. Anyone in this position should consult an SRA-authorised solicitor or Citizens Advice.

What happens when there is no will

When someone dies without a valid will, they are said to have died intestate, and a particular set of rules takes over. Because there is no will, there is no executor to take charge, and the estate cannot be distributed according to the deceased's wishes, since none were recorded in a legally valid form. Instead, the estate is dealt with under the intestacy rules in the Administration of Estates Act 1925, which decide both who can administer the estate and who inherits it (legislation.gov.uk).

This changes the process in two important ways compared with an estate that has a will. First, the person who takes charge is an administrator rather than an executor, and they are selected by a legal order of priority rather than chosen by the deceased. Second, the assets are shared out according to the statutory order, which may not match what the family expected or what the deceased would have wanted (HM Courts and Tribunals Service, gov.uk, accessed June 2026).

Who can deal with the estate

The right to deal with an intestate estate follows the same order of priority used for letters of administration. The surviving spouse or civil partner has the first right to apply, followed by children, then parents, then siblings, and then more distant relatives, broadly tracking who inherits under the intestacy rules (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Generally only someone entitled to inherit can apply to be the administrator.

This order is fixed and does not bend to personal circumstances. An unmarried partner, however close, has no right to administer the estate and no automatic right to inherit, even if the couple lived together for many years (gov.uk, accessed June 2026). Stepchildren who were not legally adopted are also excluded. Where several people share the same priority, such as several children, they can agree who applies. Disagreements about who should act can complicate matters and may need to be resolved before an application can proceed.

The process step by step

1. Confirm there is no will. Search thoroughly for a will before treating the estate as intestate (gov.uk, accessed June 2026).
2. Identify the administrator. Work out who has the right to apply under the order of priority (HM Courts and Tribunals Service, gov.uk, accessed June 2026).
3. Value the estate. List the assets and debts and establish the estate's value and inheritance tax position (HMRC, gov.uk, accessed June 2026).
4. Report inheritance tax. Report the estate to HMRC, through the probate application for an excepted estate or on form IHT400 where a full account is needed (HMRC, gov.uk, accessed June 2026).
5. Apply for letters of administration. Apply to HM Courts and Tribunals Service, online or on form PA1A, and pay the £300 fee for estates over £5,000 (HM Courts and Tribunals Service, gov.uk, accessed June 2026).
6. Administer and distribute. Collect the assets, pay debts and tax, and distribute the estate under the intestacy rules (Administration of Estates Act 1925, legislation.gov.uk).

Risks and things to watch

Administering an intestate estate carries real risks. The administrator can be held personally liable if the estate is distributed incorrectly, for example if a debt or tax liability is overlooked, or if the estate is shared out other than as the intestacy rules require (Administration of Estates Act 1925, legislation.gov.uk). Distributing too early, before debts and tax are settled, is a common pitfall.

There is also the risk of overlooking people who may have a claim. A cohabiting partner or a dependant who is excluded by the intestacy rules may be able to apply to a court under the Inheritance (Provision for Family and Dependants) Act 1975 (gov.uk, accessed June 2026). The administrator needs to be aware of this possibility before distributing the estate. Tracing all entitled relatives, particularly in larger families or where people have lost contact, is another area where care is needed. These risks are part of why an intestate estate can be more complex to handle than one with a clear will.

How this connects to wills and probate

Dealing with an estate without a will is the practical consequence of the intestacy rules, which decide who inherits, and it uses the letters of administration route rather than a grant of probate. The general steps of applying for a grant, including valuing the estate and reporting inheritance tax, are the same as those set out in the guide to applying for probate.

The clearest lesson across these guides is preventive. Almost everything that makes an intestate estate harder to handle, the fixed order of who can act, the rigid distribution, the exclusion of unmarried partners, would have been avoided by a valid will naming an executor and beneficiaries. Probate without a will is workable, but it removes the choices that a will preserves, which is why making a will is the simplest way to keep control of an estate.

When to use a solicitor versus doing it yourself

A simple intestate estate, such as one where a surviving spouse is the sole beneficiary and the assets are straightforward, can often be administered without a solicitor by applying directly to HM Courts and Tribunals Service (HM Courts and Tribunals Service, gov.uk, accessed June 2026).

Professional help is more valuable where the family situation is complex, where a cohabiting partner or dependant may have a claim, where relatives must be traced, or where the estate is large or faces inheritance tax. Because the administrator can be personally liable, advice reduces the risk of a costly mistake. The Law Society and the Solicitors Regulation Authority maintain registers of authorised solicitors (lawsociety.org.uk and sra.org.uk, accessed June 2026). The decision depends on the complexity of the estate and the family.

FAQ: probate without a will in the UK

Can you get probate if there is no will?

Where there is no will, the grant is called letters of administration rather than a grant of probate, but it serves the same purpose of giving authority to deal with the estate (HM Courts and Tribunals Service, gov.uk, accessed June 2026). The next of kin applies, and the estate is then distributed under the intestacy rules in the Administration of Estates Act 1925 (legislation.gov.uk).

Who deals with the estate when there is no will?

The next of kin, following an order of priority, applies to become the administrator: the surviving spouse or civil partner first, then children, then parents, then siblings, and then more distant relatives (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Generally only someone entitled to inherit under the intestacy rules can apply. The deceased has no say, because there is no will.

Does my partner inherit if we are not married and there is no will?

No. An unmarried partner has no automatic right to inherit under the intestacy rules, however long the relationship lasted (gov.uk, accessed June 2026). They may be able to apply to a court under the Inheritance (Provision for Family and Dependants) Act 1975, but such claims are uncertain. A will is the reliable way to provide for an unmarried partner.

How much does probate cost without a will?

The application fee for letters of administration is £300 for estates valued above £5,000, and there is no fee for estates at or below £5,000, the same as for a grant of probate (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Additional sealed copies cost £16 each, and help with the fee is available for those on low incomes.

Can an administrator be held responsible for mistakes?

Yes. An administrator can be personally liable if the estate is distributed incorrectly, for example by overlooking a debt or tax, or by sharing out the estate other than as the intestacy rules require (Administration of Estates Act 1925, legislation.gov.uk). Distributing before debts and tax are settled is a common pitfall. Care, clear records, and advice in complex cases reduce this risk.