When someone passes away without leaving a valid will, they are said to have died intestate. This happens more often than most people expect — around half of adults in the UK do not have a will. When there is no will, the law decides who inherits and who has the legal authority to manage the estate. This is set out in the rules of intestacy.
The rules of intestacy follow a strict order of priority. In England and Wales: a surviving spouse or civil partner inherits the first £322,000 of the estate plus half of anything above that. Children inherit the other half of anything above £322,000, and take everything if there is no surviving spouse.
If there is no spouse or children, the estate passes to other relatives in order — parents, siblings, grandparents, aunts and uncles. If no relatives can be found, the estate passes to the Crown.
Unmarried partners, regardless of how long they have been together, inherit nothing under intestacy rules. Neither do stepchildren unless they were legally adopted.
Without an executor named in a will, the next of kin must apply to become the administrator of the estate. This involves applying for Letters of Administration rather than a Grant of Probate — but the process is similar. The administrator has the same legal authority and responsibilities as an executor.
Contact a probate solicitor as early as possible. Intestate estates can be more complex to administer than estates with a clear will, particularly if the family situation is complicated — for example, if there are children from multiple relationships, estranged relatives, or significant assets.
A solicitor can guide you through the Letters of Administration process and ensure the estate is distributed correctly under the law.
Behalf can guide you through the process and connect you with a probate solicitor who has experience with intestate estates.