This is not a lawyer and does not provide legal advice. It's an experimental tool for general information and mutual help only.

Home / Guides / Probate Without a Will: Intestacy Rules England...

Probate Without a Will: Intestacy Rules England & Wales 2026

When someone dies without a valid will, they are said to have died "intestate". In that situation, a strict set of rules — the Intestacy Rules — determines exactly who inherits the estate and in what order. These rules are set out in the Administration of Estates Act 1925 (as amended) and leave no room for what the person might have wanted. If you are dealing with the estate of someone who died without a will, understanding these rules is essential.

The Order of Inheritance Under the Intestacy Rules

The intestacy rules create a strict hierarchy. The estate is distributed to the first category of relatives that exists, in the following order:

  1. Spouse or civil partner: A legally married spouse or civil partner (not a cohabiting partner) inherits the first £322,000 of the estate (the "statutory legacy" figure for deaths on or after 26 July 2023, still current in 2026), plus all personal belongings, and then half of anything above £322,000. The other half is divided equally among any children.
  2. Children: If there is no surviving spouse, the children inherit everything in equal shares. If a child has already died, their share passes to their own children (the deceased's grandchildren). Stepchildren and foster children are not included — only biological and legally adopted children count.
  3. Parents: If there is no spouse and no children, the estate goes to the parents equally. If only one parent survives, they inherit the whole estate.
  4. Siblings: If there are no parents, full siblings inherit equally. If a sibling has predeceased, their share passes to their children (nieces and nephews of the deceased). Half-siblings come after full siblings.
  5. Grandparents: If none of the above exist, grandparents inherit equally.
  6. Aunts and uncles: Full aunts and uncles (siblings of a parent) inherit equally. If an aunt or uncle has predeceased, their children (cousins) can inherit in their place.
  7. The Crown: If absolutely no relatives can be found, the entire estate passes to the Crown as "bona vacantia" (ownerless goods). In the Duchies of Cornwall and Lancaster, the estate goes to the Duchy.

The Spouse and Children: How the Estate Is Split

When the deceased leaves both a spouse/civil partner and children, the distribution works as follows:

For example, if the net estate is £500,000 and the deceased leaves a spouse and two children: the spouse gets £322,000 + personal belongings + half of £178,000 (£89,000) = £411,000 plus belongings. The two children share the remaining £89,000 equally (£44,500 each).

The Critical Problem: Unmarried Partners Get Nothing

This is the single biggest pitfall of the intestacy rules. A cohabiting partner — even if they lived with the deceased for decades, had children together, and shared all finances — has zero automatic right to inherit. The intestacy rules recognise only marriage and civil partnership, not cohabitation. The result can be catastrophic: the partner may lose their home, their income, and have no legal claim to anything.

The only remedy is a claim under the Inheritance (Provision for Family and Dependants) Act 1975. To qualify, the cohabiting partner must show they were living in the same household as the deceased for at least two years immediately before the death. The claim must be issued within six months of the grant of letters of administration. The court can award "reasonable financial provision" — but this is discretionary, uncertain, and often costly. Making a will is the only way to guarantee a cohabiting partner inherits.

How to Apply for Letters of Administration

When there is no will, you cannot apply for a grant of probate. Instead, you apply for "letters of administration". The person entitled to apply is the deceased's nearest relative according to the intestacy rules (the "administrator"). Here is the process:

  1. Identify the administrator. The person with the best right to apply follows the same hierarchy as inheritance: spouse, then children, then parents, then siblings, and so on. If more than one person in the same category wishes to apply, they can apply jointly.
  2. Value the estate. List all assets (property, bank accounts, investments, vehicles, personal belongings) and liabilities (mortgages, loans, credit cards, unpaid bills). You will need to estimate the gross and net value for inheritance tax purposes.
  3. Complete the inheritance tax forms. Even if no tax is due, you must usually complete form IHT205 (for excepted estates under the inheritance tax threshold) or IHT400 (for larger estates). The inheritance tax threshold is £325,000, with an additional residence nil-rate band that may apply when leaving a home to direct descendants.
  4. Apply to the Probate Registry. Complete Form PA1A (the intestacy version of the probate application). The application fee is £273 for estates over £5,000. Estates under £5,000 do not require a grant at all. Send the form, the inheritance tax forms, and the original death certificate.
  5. Swear an oath. You will be asked to swear or affirm an oath, either at the Probate Registry or at a local solicitor's office, confirming that the information you have provided is true.
  6. Receive letters of administration. Once granted, you can use the letters of administration to collect assets, pay debts, and distribute the estate according to the intestacy rules.

Jointly Owned Property and the Intestacy Rules

How jointly owned property is treated depends on the type of joint ownership:

You can check which type of ownership applies by examining the title register at HM Land Registry (for registered land) or the title deeds.

Jurisdiction: England and Wales

These intestacy rules apply to England and Wales. Scotland has its own intestacy rules under the Succession (Scotland) Act 1964, which give the surviving spouse "prior rights" (to the family home up to £473,000, furniture up to £29,000, and a cash sum) before the remainder is divided between the spouse and children. Northern Ireland's intestacy rules are similar to those of England and Wales, but the statutory legacy figure for a surviving spouse is different (currently £250,000). If the deceased lived in Scotland or Northern Ireland, different rules apply — you should obtain specific advice.

FAQ

Can I challenge the intestacy rules if the result seems unfair?

You cannot challenge the intestacy rules themselves — they are applied automatically. However, a dependant (spouse, former spouse, cohabiting partner, child, or someone financially maintained by the deceased) may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if the intestacy result does not make reasonable financial provision for them. The claim must be brought within 6 months of the grant. The court has wide discretion to redistribute the estate.

Does the intestacy rule apply to digital assets?

Digital assets (cryptocurrency, online accounts, digital files) are treated as personal property and pass under the intestacy rules. However, accessing them can be very difficult without passwords. Some online platforms have specific processes for handling the accounts of deceased users — check each platform's terms of service.

What happens if a child inherits but is under 18?

The child's share is held in trust until they turn 18. The administrators (or trustees) manage the money on the child's behalf and can use it for the child's maintenance, education, or benefit. At 18, the child becomes entitled to the full amount. This can be problematic — many parents prefer to specify a later age (such as 21 or 25) in a will.

Authoritative Sources

Need help with your situation?
Ask Lexi about your specific circumstances — free, instant, plain-English guidance.