What happens if someone dies without a will?
Last reviewed June 2026
When someone dies without a will in England and Wales, the intestacy rules decide who inherits. A surviving spouse or civil partner takes the first £322,000 plus all personal possessions, then half the rest; the children share the other half. With no spouse, the whole estate goes to the children equally, then to grandchildren, parents, siblings, half-siblings, grandparents, and aunts/uncles in that strict order. Unmarried partners inherit nothing under intestacy, they have to bring a claim under the Inheritance Act. Scotland and Northern Ireland follow different but similar statutory orders. Someone applies for 'letters of administration' instead of probate.
The intestacy order (England and Wales)
Inheritance follows this statutory order:
- Spouse/civil partner with children, spouse gets £322,000 + chattels + half the residue; children share the other half
- Spouse/civil partner with no children, spouse takes everything
- Children only (no spouse), children share equally; grandchildren take a deceased parent's share
- No spouse or children, parents, then full siblings, then half-siblings, then grandparents, then aunts and uncles
- No surviving relatives, the estate passes to the Crown (Bona Vacantia)
Unmarried partners and stepchildren
Cohabiting partners and stepchildren who weren't legally adopted inherit nothing under intestacy, regardless of how long the relationship lasted. They can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 within 6 months of the grant, but it's contested litigation.
Letters of administration
Without a will there's no named executor, so a beneficiary (usually the closest relative under the intestacy order) applies for 'letters of administration' instead of a grant of probate. The application form (PA1A) and £526 fee are the same as probate. Administering an intestate estate often takes longer because tracing all entitled beneficiaries can be slow.
Frequently asked questions
Does my partner inherit if we weren't married?
Not under intestacy. Unmarried partners must claim under the Inheritance Act 1975, which is discretionary and contested. The safest fix during life is for both partners to make wills.
What if there are no relatives at all?
The estate passes to the Crown via the Bona Vacantia division. Distant relatives can sometimes claim within 12 years, but the burden of proof is on them.
Who applies for letters of administration?
The person highest in the intestacy order, usually the spouse, then children, then parents. Multiple people of equal rank can apply jointly (up to four).
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