What to do if there is no will
Last checked September 2026 by Naomi Jackson
Short answer
Search properly for a will first. If there genuinely isn't one, the estate passes under the intestacy rules and the closest surviving relative applies for letters of administration, or confirmation in Scotland. You can still register the death, arrange the funeral and deal with small accounts before that grant arrives.
- What you apply for
- Letters of administration, not probate
- Who applies
- The closest surviving relative, in a fixed legal order
- Court fee
- £526 in England and Wales, estates over £5,000
- Scotland
- Confirmation through the Sheriff Court
- Unmarried partners
- Do not inherit under intestacy
Nobody is in charge automatically when there is no will. The law decides who can act and who inherits, and until someone applies to the court, the estate largely sits still.
What do you do first if there is no will?
Take these in order. Most of it can happen before anyone applies to the court.
- Search for a will properly: the house, the solicitor who did the conveyancing, the bank's safe custody, and the National Will Register
- Register the death and order several official copies of the death certificate
- Arrange the funeral. Whoever signs the funeral director's contract is liable for the bill, though the estate normally reimburses it
- Secure the property and tell the insurer it is unoccupied
- List what the person owned and what they owed, in sole name and jointly
- Work out whether a grant is needed at all, using the bank limits and how the property was owned
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Get my checklistWho is allowed to deal with the estate?
Without a will there is no executor. Someone has to be appointed instead, and the law sets the order: the spouse or civil partner first, then children, then parents, then siblings, then more distant relatives. That person is called the administrator, and they have no legal authority until the grant of letters of administration is issued.
That is the practical difference people find hardest. An executor named in a will has authority from the moment of death. An administrator has none until the court says so, which is why banks and buyers will not deal with them beforehand.
Do you always need letters of administration?
No. A grant is needed when there is a sole-name asset that the holder will not release without one. Property held as joint tenants passes to the survivor automatically and is not part of the estate. Joint bank accounts usually pass the same way. Most banks release balances up to a published limit, commonly £50,000 and as low as £5,000 at some providers, on the death certificate alone.
If everything sits below those limits or passes by survivorship, there may be nothing that requires a grant, even with no will.
How do you apply for letters of administration?
In England and Wales you apply online through HM Courts and Tribunals Service or on form PA1A. The fee is £526 for an estate over £5,000, and nothing at or below £5,000. Extra official copies are £2 each ordered with the application, £16 each afterwards, and you will want several.
In Scotland you apply for confirmation through the Sheriff Court. In Northern Ireland you apply to the Probate Office, where fees rose 5 per cent on 1 April 2026, so check the current figure before applying.
Who inherits when there is no will?
The intestacy rules decide, and no one has discretion to change them. The order runs spouse or civil partner, then children, then parents, then siblings, then grandparents, then aunts and uncles. Scotland works differently, through prior rights and legal rights.
Unmarried partners inherit nothing under intestacy, however long they lived together. They may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975, which is a court application with a time limit, so take advice early. Step-children do not inherit unless they were legally adopted.
What if the family disagrees about who should apply?
More than one person can be entitled to apply, and they can apply jointly, up to four administrators. Where relatives at the same level disagree, the court can be asked to decide, which is slow and expensive. It is almost always cheaper to agree, in writing, who applies and what the plan is before anyone starts.
Where someone entitled to apply does not want the job, they can formally renounce their right so the next person can act.
Useful tools for this
Free tools to help you work out what applies before you pay for help.
Frequently asked questions
Who is in charge if someone dies without a will?
Nobody, until the court appoints an administrator. The closest surviving relative applies for letters of administration, in a fixed order starting with the spouse or civil partner, then children, then parents, then siblings.
Can you deal with a bank account if there is no will?
Often yes. Most banks release sole-name balances up to a published limit, commonly around £50,000 and as low as £5,000 at some providers, on the death certificate and their own forms. Above that limit they want the grant.
Does the house pass automatically if there is no will?
It depends how it was owned. A home held as joint tenants passes to the surviving owner automatically, will or no will. A share held as tenants in common, or a sole-name property, passes under the intestacy rules and usually needs a grant.
Does my partner inherit if we weren't married?
No. Unmarried partners have no automatic right under intestacy, whatever the length of the relationship. A claim under the Inheritance (Provision for Family and Dependants) Act 1975 is possible but needs a court application and has a time limit.
How much does it cost to apply with no will?
The court fee in England and Wales is £526 for an estate over £5,000, and nothing at or below £5,000. That is the same whether you apply yourself or through a firm. Official copies of the grant are £2 each with the application.
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Get my checklistMore guides in this series
What happens if there's no will (intestacy) in the UK
If someone dies without a will in the UK, the intestacy rules decide who inherits. Here's the order, and where it differs in Scotland.
Letters of administration: what they are and how to apply
Letters of administration are the grant you apply for when there is no will. Who can apply, the order of priority, the £526 fee and how long it takes.
What to do if you can't find the will
Where wills are actually stored, how to run a National Will Register search, and what happens to the estate if no will is ever found.
Probate without a will: letters of administration
Who can apply when there's no will, how letters of administration work, and who inherits under the intestacy rules in each UK nation.
Related guides
What is probate?
What it means, when you need it, what it costs and how to apply yourself.
What to do when someone dies
The full UK checklist, from the first 24 hours through probate.
Death admin checklist
A week-by-week task list. Printable PDF available.
Tell Us Once explained
How the free government service notifies HMRC, DWP and your council in one go.
Closing accounts after death
Step-by-step for banks, utilities, pensions and subscriptions.
Bereavement financial help
Benefits and grants you may be entitled to claim.
Probate explained
When you need it, what it costs, and whether you need a solicitor.
Arranging a funeral
Every option and what it costs, and how to choose a funeral director.
Prepare your probate application
Gather the estate details, check what you need and build a pack before you apply yourself.
Funeral cost calculator
Estimate a funeral for your area and the choices you are making.
