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What Happens If Someone Dies Without a Will in the UK?
If someone close to you has died and there was no will — or you can't find one — you're probably wondering what happens now and who is entitled to what. Around half of UK adults don't have a will, so this is a very common situation. It does add some complexity, but it's entirely manageable once you understand how the rules work.
What does "dying without a will" actually mean?
When someone dies without a valid will, they are said to have died "intestate." Instead of their personal wishes deciding who inherits, a fixed set of legal rules — the rules of intestacy — determines how their estate is shared out. These rules are set in law and apply automatically. They cannot be changed by family agreement, however much everyone might wish otherwise.
The practical process is similar to when there is a will, except that instead of applying for a Grant of Probate, the person dealing with the estate applies for Letters of Administration. That person is called the administrator rather than the executor, but the responsibilities are much the same.
Who inherits under the rules of intestacy?
The rules follow a strict order of priority. Only the first category with living members inherits — everyone further down the list receives nothing.
If there is a spouse or civil partner but no children, the surviving spouse or civil partner inherits the entire estate.
If there is a spouse or civil partner and children, the spouse or civil partner receives all personal possessions, the first £322,000 of the estate (the "statutory legacy"), and half of anything above that. The children share the remaining half equally. If the estate is worth £322,000 or less, the spouse inherits everything and the children receive nothing immediately.
If there is no spouse or civil partner, the estate passes to the children in equal shares. If a child has already died, their share passes to their own children.
If there are no children, the estate passes down a further order: parents, then siblings, then half-siblings, then grandparents, then aunts and uncles. If no qualifying relative can be found at all, the estate passes to the Crown.
Does an unmarried partner inherit if there's no will?
No. This is the part of the rules that catches the most people out, and it's important to be clear about it. An unmarried partner inherits nothing under intestacy, regardless of how long the couple were together, whether they lived together, or whether they had children together. There is no such thing as "common law marriage" in England and Wales.
An unmarried partner's only route to a share of the estate is to make a legal claim under the Inheritance (Provision for Family and Dependants) Act 1975, usually within six months of the grant. These claims can be complex, so early legal advice matters.
What about jointly owned property and accounts?
Not everything passes under the intestacy rules. If the deceased owned their home as "joint tenants" with someone else — common between spouses — it passes automatically to the surviving owner and doesn't form part of the estate. The same applies to a joint bank account.
However, if property was owned as "tenants in common," the deceased's share does form part of the estate and is distributed under intestacy. If you're unsure how a property was held, a solicitor can check the title at the Land Registry.
What happens to children who inherit under intestacy?
If children inherit but are under 18, they can't receive their share directly. It's held in a statutory trust, managed by a trustee (usually the surviving parent), until they turn 18. There's no flexibility to release the money early without a court order.
How do you deal with an estate when there's no will?
The person with the closest legal relationship to the deceased — usually the spouse or eldest child — can apply to become the administrator. They apply for Letters of Administration using form PA1A, paying the same fee as probate (£526 for estates over £5,000 from 13 July 2026). Once granted, the administrator can collect assets, pay debts and taxes, and distribute the estate according to the rules.
The process generally takes longer than when there is a will — often nine to twelve months for a straightforward estate.
What to do next
If you're administering an estate with no will, our guide on what an administrator or executor has to do walks through the practical steps, and our probate guide explains the Letters of Administration process in more detail.
Understanding who inherits is one part of dealing with a death. Our overview of everything that needs to happen after someone dies puts it in context alongside every other step.
You don't have to work this out alone
Dealing with an estate when there's no will can feel overwhelming, but you don't have to navigate the rules by yourself. Answer a few questions and First48hrs will give you a personalised plan — and connect you with a probate solicitor if you'd like one. It's free.
This guide was last updated in July 2026. Processes and figures are set by government and can change — for the latest official guidance, see GOV.UK. First48hrs provides information and signposting, not legal or financial advice.
Wills & Intestacy - FAQ's
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