Losing a loved one is always difficult, and dealing with legal and financial matters at the same time can feel overwhelming. But what happens if someone dies and they didn’t have a will?

This situation is known as dying “intestate. ” While the word itself may sound alarming, it simply means that the law, rather than the individual, decides how their estate is handled and who inherits. There are clear legal rules in place to guide families through the process, but it may not always reflect what the person would have wanted.

Understanding what happens next can help families feel more prepared and avoid unnecessary disputes or delays.

What does “intestate” mean?

When someone dies intestate, there is:

• No legally valid will, or
• A Will exists but it does not cover the whole estate, or
• The Will has been declared invalid

In these circumstances, the estate must be administered according to the Rules of Intestacy. This is a strict order set out in law that determines both who is entitled to deal with the estate, and who is entitled to inherit.

These rules apply regardless of personal relationships, verbal wishes, or family expectations.

The importance of searching for a will

Even if you believe the deceased had no will, it is still incredibly important to carry out thorough searches to confirm that no valid document exists. Administering an estate as intestate when a will later come to light can cause significant legal complications, delays and potential liability for administrators.

A careful search should include:

Checking the deceased’s home

Conduct a thorough search of the deceased’s home for safely stored documents, fireproof boxes or filing cabinets, review digital records and emails. You should also contact the deceased’s other family members, close friends or even neighbours who may have had an awareness of where a will may be located, or if they have been given a copy.

Contact services

It is also sensible to contact the deceased’s bank, financial advisor or previous solicitors, as many firms offer Will storage services. In addition, national Will registers can sometimes help trace documents where a law firm has closed or merged.

Taking these steps at an early stage can provide reassurance that the correct legal process is followed and avoid unnecessary disputes later on.

Who deals with the estate?

When there is no will in place, there is no named executor to be in charge of the estate. Instead, a close relative must apply to the Probate Registry for Letters of Administration. This legal document gives them the legal authority to manage the deceased person’s estate.

The person who applies becomes known as the administrator. Usually, the order of priority follows this structure:

• Spouse or civil partner
• Children (including legally adopted children)
• Parents
• Siblings
• Other relatives in order of closeness

Even if several relatives are entitled, only one or two people would normally act as administrators. All administrators must agree on decisions, which can sometimes be challenging for those with larger families or where some relationships are strained.

Under the Rules of Intestacy, who inherits?

The Rules of Intestacy set out a fixed order of inheritance. Every situation is unique, but the broad principles are as follows:

If there is a spouse or civil partner and children

The spouse or civil partner receives:

• All personal possessions, and
• A fixed statutory sum (which changes periodically –as of 2025, the statutory legacy amount is £322,000), and
• A share of the remaining estate

The rest is equally divided between the children. This can sometimes lead to unintended outcomes, particularly where property is involved.

If there is a spouse or civil partner but no children

The spouse or civil partner would usually inherit the entire estate.

If there are children but no spouse or civil partner

The estate would be equally divided among the children. If a child has already passed away, their share may pass to their own children.

If there is no spouse or children

The estate passes to relatives in a strict order:

• Parents
• Siblings
• Half-siblings
• Grandparents
• Aunts and uncles
• Cousins

If no eligible relatives can be found, the estate may ultimately pass to the Crown.

Important points of intestacy for families

Intestacy often produces surprises. Some of the most common are:

• Unmarried partners do not automatically inherit – Even if a couple have lived together for many years or shared finances, the surviving partner has no automatic legal right to the estate.
• Step-children are not automatically included – Unless the children were legally adopted, they are not entitled under intestacy rules.
• Friends and charities receive nothing – No matter how close the relationship or how clear the deceased’s wishes may have been verbally.

These rules can seem harsh, sometimes creating financial hardship or emotional tension within families.

Practical steps to take after a death without a will

Every estate is different, but when someone has died without a will, the following steps are typically followed by the person who will be the administrator.

1. Register the death and obtain several official copies of the death certificate.
2. Carry out efficient searches for a will
3. Secure property and possessions to prevent theft, damage or loss.
4. Notify banks, insurers and pension providers of the death.
5. Identify all assets and debts to understand the full value of the estate.
6. Identify all beneficiaries entitled to the estate (If those entitled are more distant relatives, consider instructing a genealogist firm to verify the family tree)
7. Apply for Letters of Administration.
8. Arrange payment of any inheritance tax due.
9. Settle debts and liabilities.
10. Distribute the estate according to the Rules of Intestacy.

Keeping clear records throughout the process is essential, as administrators are legally accountable for their decisions.

How Switalskis can help

Although some estates are straightforward, many are not. Professional advice can offer clarity around entitlement of relatives and priority for administrators, ultimately reducing the risk of disputes. Getting early guidance can often save both time and expense later on.

A specialist solicitor can advise you on your legal responsibilities and give you clear advice on what to expect when dealing with dividing assets or the estate. At Switalskis, our wills and probate team are here to help, providing reassurance during an already stressful time. With the right support and a clear understanding of the steps involved, it’s possible to navigate intestacy with confidence and ensure the estate is administered fairly and lawfully.

For legal advice, fill out the form below, email us at help@switalskis.com or call us on 0800 1380458 .