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Wills and intestacy

How to Do Probate Without a Will

Finding yourself responsible for someone’s estate when they left no will is a common situation. But you can still do Probate without a will. This guide walks you through how.

First: make sure there really is no will

Before assuming there is no will, carry out a thorough search:

  • The deceased’s home, including document files, filing cabinets, and lockboxes
  • Their solicitor’s office (call any firm they may have used)
  • Their bank, which may hold a copy
  • The National Will Register at Certainty.co.uk
  • The Probate Service’s will storage (a certificate of deposit would have been issued)

Only once you have exhausted every reasonable search should you proceed on the basis that no will exists.

What happens to the estate without a will?

When someone dies without a valid will, the Rules of Intestacy set out who is entitled to inherit. Broadly, the estate passes first to a surviving spouse or civil partner, then to children, then to other relatives in a defined order. Unmarried partners have no automatic entitlement. Neither do stepchildren unless formally adopted.

Who applies for Probate without a will?

Without a will, there is no named Executor. Instead, a close relative can apply to become the administrator of the estate. The order of priority broadly follows the intestacy rules: surviving spouse or civil partner first, then children, then other relatives.

How does the application process differ?

Instead of form PA1P (used when there is a will), you complete form PA1A, the Probate application form for intestacy cases. You submit it to the Probate Registry along with the relevant HMRC IHT forms, certified copies of the death certificate, and the £526 Probate Registry fee.

How YouCanDoProbate handles intestacy cases

YouCanDoProbate is equally effective for estates with and without a will. The platform’s Intestacy Walkthrough guides you through the family circumstances step by step, confirms who is entitled to what under the Rules of Intestacy, and uses those answers to complete the PA1A and all required HMRC forms automatically.

Ready to begin?

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Trustpilot five star rating
spot on

spot on. thanks.

Joe Pappy Dixon
Trustpilot five star rating
If I can, then you can do probate

I was very impressed and encouraged with how easy it was to use this service; a welcome change at a time when it is difficult to process the loss of a loved one, and all the legalities that involves, I was given reassurance and confidence that I can, and did do probate. The process was made easier and less stressful knowing I could ask for help as and when I got stuck. Tom was very supportive and encouraging (and patient). The steps ensured that I could check each stage and return at any time to change or amend anything. Also thanks to those who answered the phone and reassured me that my messages would be passed on. A very positive experience and I have already recommended this service to others in a similar position to me. An excellent service. Mary Mc

Mary M
Trustpilot five star rating
I am so glad I found this online…

I am so glad I found this online company. I was a bit sceptical at first but as the cost of using a solicitor was fairly considerable I decided to opt for this. I am glad I did. The Probate Platform was easy to use and on the odd occasion that I had a query the telephone support was great. I have just been informed by HMCTS that the application has been approved. I have no hesitation in recommending this company.

John McGuire
Trustpilot five star rating
Very good takes you through all steps

Very good takes you through all steps. Don’t need solicitors

sd
Trustpilot five star rating
System was priced sensibly and easy to…

System was priced sensibly and easy to use

PJM
Trustpilot five star rating
Excellent

Superb, easy to follow instructions where data and calculations are generated for you once required fields are inputed. Advise was available quickly , in my case one concise call to Tom( many thanks). The grant of probate was approved by email in one week with no IHT. The formal paperwork takes a further ten days. 5* David

Annabelle
Trustpilot five star rating
Throughout the process

Throughout the process, every time we were unsure of something a representative (Tom) of Youcando Probate was at the end of the phone and could not have been more helpful. The whole process was easy and quick to complete.

Nigel
Trustpilot five star rating
Highly recommend this company

Highly recommend this company. The intuitive software is easy to use and the friendly and professional telephone support is excellent. On the advise of the team I posted off my documents as I had considered using the government online form assuming it may be quicker! However Probate was granted in 15 days from when I posted my documents. Thank you to all the team at You Can Do Probate for making a stressful and emotional task much easier to navigate without the need of expensive solicitors! Nb The only improvement that I feel would be beneficial is the function to print the breakdown of all the values and calculations

SJ
Trustpilot five star rating
This was money well spent made life so…

This was money well spent made life so much easier and prevented any time being wasted by not sending all relevant documents and having to re submit.

Mr Walker
Trustpilot five star rating
Couldn’t fault these guys.

Couldn’t fault these guys. Easy to navigate through the site and they were on hand to speak to when needed. No need to use a solicitor which made a refreshing change. A difficult time was made so much easier. Don’t use anyone else, these are the people to use when having to deal with probate.

Richard Knight
Trustpilot five star rating
Made probate very easy

Made probate very easy

DAVID LAMSDALE
Trustpilot five star rating
Makes doing probate yourself possible

Makes doing probate yourself possible, saving a lot of money on legal fees and considerably speeding up the process!

Dave
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Additional costs: The probate registry fee of £526 (for all estates over £5,000) and any additional official copies at £2 each. (Payable directly to HM Courts and Tribunals Service by cheque or postal order, enclosed with your application forms).
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© YouCanDoProbate • YouCanDoProbate is a trading name of Kabing Ltd.
YouCanDoProbate is an online platform providing legal forms and information. YouCanDoProbate is not a law firm and is not regulated by the Solicitors Regulation Authority (SRA). Our online probate and inheritance tax service is an online platform providing probate and inheritance tax forms and information to allow you to complete inheritance tax returns and apply for probate yourself. Our telephone, email and livechat support provides guidance only, we do not provide bespoke advice, including estate planning or tax advice and it is not a substitute for a lawyer’s advice about complex estate planning or tax issues.
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