Probate when there is no will
When there is no valid will the estate is intestate. The closest surviving relative applies for letters of administration using form PA1A, and the statutory intestacy rules — not the family's preference — decide who inherits. The process is otherwise very similar to probate with a will.
Jurisdiction: England & Wales. Last reviewed 13 August 2026.
First, be sure there really is no will
- Search the home thoroughly, including with paperwork from banks and insurers
- Ask any solicitor the deceased used, and their bank about a deposit box
- Search the National Will Register and check for a copy lodged with the Probate Service
- Ask the executors of a predeceased spouse, who often used the same firm
Who inherits
A surviving spouse or civil partner takes the personal possessions and a statutory legacy, and where there are children the remainder above that figure is split between the spouse and the children. Where there is no spouse, the estate passes down the order of priority: children, then parents, then siblings, then wider family. Check the current statutory legacy figure on GOV.UK before you distribute anything.
Personal liability
An administrator who distributes to the wrong people is personally liable to make good the shortfall. If the family tree is uncertain or a relative cannot be traced, take advice and consider missing beneficiary insurance before paying anything out.How the process differs
| Element | With a will | No will |
|---|---|---|
| Form | PA1P | PA1A |
| Grant | Grant of probate | Letters of administration |
| Authority begins | At death | Only when the grant is issued |
| Who decides distribution | The will | The intestacy rules |
Frequently asked questions
- Can I start dealing with the estate before the grant?
- An administrator's authority only begins when the grant is issued, so avoid selling assets or distributing before then. Protecting property and paying the funeral are fine.
- Do stepchildren inherit?
- Not under the intestacy rules unless they were legally adopted.
- Is an intestate estate always more complicated?
- Not necessarily. A spouse-only estate under the statutory legacy is often the simplest kind of application there is.
Dealing with a straightforward estate yourself?
Our free probate checker helps you work out whether this estate appears suitable for a self-help route. It asks about jurisdiction, disputes and complexity, takes a few minutes, and needs no account.
£349 one-off service fee if you go ahead. Court fee and any Inheritance Tax are paid separately.
Sources
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