Wills and intestacy
What Happens if Someone Dies Without a Will?
Dying without a valid Will is called dying intestate. It does not bring the Probate process to a halt, but it does change who administers the estate, how it is distributed, and which forms are used.
No named Executor
Without a Will, there is no named Executor. Before anyone can deal with the estate, a qualifying family member must apply to the Probate Registry for a Grant of Letters of Administration.
Who can apply as administrator?
The priority order broadly follows the Rules of Intestacy: a surviving spouse or civil partner first, then adult children, then other relatives. Unmarried partners have no automatic right to apply without a Court order.
How the estate is distributed
The estate is distributed in accordance with the Rules of Intestacy. Verbal wishes cannot direct the distribution, only a valid Will can do that.
The Probate process without a Will
The application uses form PA1A rather than PA1P. The process is otherwise broadly similar: value the estate, complete the IHT400 if the estate is not an excepted estate (most estates are excepted and need no Inheritance Tax forms), submit the PA1A to the Probate Registry with the death certificate and fee, and await the grant. YouCanDoProbate supports intestate estates fully.
The easy and affordable way to apply for probate
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