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How to do Probate Without a Will

You can still do probate without a will.

Where there is no will, if you’re the next of kin, you will need to go through applying for letters of administration. Essentially, it’s probate - the right to administer the deceased’s estate.

Probate without a will

 
Without a will, the deceased’s property (the estate) must be shared out according to certain rules, called the Rules of Intestacy.  
 

Unsure if there’s a will or not?

 

You’ll need to do a very thorough search! It is important to exhaust all options to try and find the will.

Check to see if you can find a certificate of deposit, which will have been sent to them if they arranged for the will to be stored by the Probate Service. If you are named as Executor you can withdraw the will.

There’s a form to fill in and send along with the certificate of deposit and an official copy of the death certificate. There is no charge for this service.

Once you’ve searched the person’s home, it’s a good idea to contact the person’s solicitor, accountant or bank to see if they hold the will.

If the person died in a care home or a hospital you could check to see if the will was left with them.

If no will can be found, then you will have to proceed as if the person died intestate and apply for letters of administration. These will give you the right to administer the estate. 

Can I use YouCanDoProbate if there is no will?

 

Yes. Our online system will automatically fill in the necessary probate application form for you. 

Plus, we’ve created an Intestacy Walkthrough which takes you step by step through who is entitled to receive a share of the person’s property to help you administer the estate correctly.

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