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How To Apply For Probate Without A Will

When there’s no will, the estate follows a legal process called intestacy. The rules of intestacy determine who inherits the deceased person’s financial affairs and personal possessions based on a strict legal hierarchy of relatives. To manage the estate, the person responsible must apply for Grant Letters of Administration.

Check If You're Eligible To Apply For Probate Without A Will

Not everyone can apply for probate when there's no will. The rule of intestacy follows an order of priority to determine who is entitled to manage the estate, ensuring only the closest relatives take responsibility.

Hierarchy Of Relatives

  • Spouse Or Civil Partner - If the deceased was married or in a civil partnership, their partner takes priority.
  • Children (Including Adopted Children) - If there's no surviving spouse, the responsibility passes to the deceased's children.
  • Parents - If there are no children, the next in line are the deceased's parents.
  • Siblings - in the absence of parents, siblings are next.
  • Other Relatives - If no immediate family exists, the responsibility may fall to more distant relatives such as nieces, nephews or cousins.

The rules of intestacy don't always account for modern family relationships such as;

  • Unmarried And Non-Civil Partners - Even if the deceased had a long-term partner, they aren't legally entitled to inherit or apply for probate if there's no will.
  • Stepchildren - Stepchildren are also excluded under intestacy rules unless legally adopted.
  • Estranged Families - If close relatives are estranged, the law still recognises them as rightful heirs, which can complicate the process.

You should seek professional advice if you need clarification on your eligibility or if modern family dynamics create uncertainty. Our team at Gavin Edmondson Solicitors can guide you through your legal rights and probate application to avoid disputes and delays.

Steps To Apply For Letters Of Administration

Unlike a Grant of Probate, which is issued when a will exists, a Grant of Letters of Administration is required when the estate falls under intestacy rules.

To start your application, you’ll need:

  • To report the value of the deceased estate to HMRC
  • Pay Inheritance Tax (If Applicable)
  • The death certificate of the deceased person
  • A detailed list of the deceased’s assets and liabilities (e.g. property, bank accounts, debts)
  • Contact information and proof of your relationship to the deceased to establish your eligibility.

Step 2: Complete Form PA1A

The primary form for estates without a will is Form PA1A. This document collects details about the deceased and their estate, including:

  • Personal information about the deceased (name, address and date of death)
  • A valuation of assets and liabilities, including any outstanding debts
  • Your details as the applicant, along with your relationship to the deceased.

You can complete the form either online or by post.

Step 3: Estimate The Estate’s Value

You’ll need to calculate:

  • The total value of all assets, such as property, bank accounts and personal possessions
  • Any liabilities, such as mortgages, loans, or credit card debts.

This valuation will determine whether inheritance tax is due. If the estate’s value exceeds the threshold for inheritance tax (currently £325,000 in the UK), you’ll also need to complete relevant tax forms.

Step 4: Submit Your Application

Once you’ve gathered the required information and completed Form PA1A:

  • Submit the application to the Probate Registry along with the death certificate and application fee
  • If applicable, include any inheritance tax forms or payments.

Step 5: Receive The Letters of Administration

After processing your application, the Probate Registry will issue the Grant Of Letters Of Administration, an official court document granting you the authority to manage the estate, which includes collecting assets, settling debts, and distributing the remaining estate to eligible beneficiaries.

If you’re unsure about any step in the probate process or need help with forms, valuations, or legal requirements, our expert probate team at Gavin Edmondson Solicitors is here to support you.

How Long Does Probate Take Without A Will?

The probate process without a will is typically around 9 to 12 months, but it can take longer. It depends on many factors, such as beneficiary disputes, missing documentation, complex estates and outstanding debts or taxes.

What If I Don’t Want To Apply For Letters Of Administration?

If you don’t want to be involved in the application process or handle the estate, you can either renounce your role or appoint someone else to manage the process on your behalf.

Give Up Your Right To Administer The Estate

If you’re the deceased’s husband, wife, or civil partner and want to give up your right to administer the estate:

  • Complete Form PA16 to renounce your role.
  • If the deceased has children:
    • All children aged 18 or over: At least one must apply to become the administrator. Otherwise, contact Gavin Edmondson Solicitors for advice on who to apply.

Renouncing is permanent, so ensure you are certain this is the right decision before proceeding.

Appoint Someone To Administer The Estate On Your Behalf

If you’d like another person to handle the administration of the estate for you:

Complete Form PA12 which allows up to 4 individuals to act with "power of attorney," which enables them to apply for probate and manage the estate on your behalf. You can still take back the role later if you decide to apply for probate yourself.

Disputes With Probate Without A Will

Potential disputes like who inherits specific assets can arise and modern family dynamics, like estranged relatives, unmarried partners or step-children, can cause delays since the intestacy rules may not recognise them as beneficiaries.

When disputes over probate arise, mediation is often the best starting point, however, if conflicts persist, seeking legal advice from a probate solicitor can clarify rights under the law and help resolve contentious issues.

Get Help With Probate

Administering an estate without a will can be complex, especially when dealing with large estates, family disputes, or intricate financial matters. Working with probate specialists can save time, reduce stress, and ensure everything is handled according to the law.

At Gavin Edmondson Solicitors, our specialist probate solicitors offer legal advice to simplify the process. You can contact us directly for expert guidance or use our enquiry form to request a callback.