Losing a loved one is never easy. It’s even harder when you find out they didn’t leave a will. You’re grieving, trying to support family, and suddenly faced with legal questions. Who sorts the finances? Can you access their bank accounts? Are you responsible for managing everything?
One of the biggest questions people ask in this situation is: Do I need a probate lawyer if there’s no will? You might be wondering whether you’re allowed to act, what forms are needed, or if it’s something you can handle on your own. You’re not alone—and the answer depends on a few key details.
This guide will walk you through everything you need to know if someone has died without a will, including:
- What probate means when there’s no will
- Whether you need a solicitor to help with probate or administration
- What “Letters of Administration” are and how to apply for them
- When probate or legal advice becomes essential
- How the rules of intestacy decide who inherits
- What to do if there’s a dispute over the estate
At DMA Law, we regularly help families across the North East manage estates – whether a will exists or not. Our probate solicitors provide clear, practical advice during difficult times, ensuring everything is done properly and legally.
What Is Probate and What Happens If There’s No Will?
Probate is the legal process that allows someone to manage a person’s estate after they’ve died. This includes collecting assets, paying debts, and distributing anything left to the right people. Usually, the person named in the will, called the executor, applies for a Grant of Probate to carry out these duties.
But what happens when there’s no will?
In this case, the person is said to have died intestate. That means no one has been legally appointed to deal with the estate. The process becomes more complex. Instead of an executor, a close relative or partner must apply to become the estate’s administrator. They do this by applying for Letters of Administration.
This legal document gives them the authority to act on behalf of the estate.
The Role of Letters of Administration
Letters of Administration are the legal alternative to a Grant of Probate when there is no will. They are issued by the Probate Registry and give someone the authority to deal with the estate.
You’ll usually need Letters of Administration if:
- The person died without a valid will
- The estate includes property, savings, or investments worth more than £5,000–£10,000
- No one has been named in a will to handle the estate
Probate vs Letters of Administration
While both processes serve the same purpose—authorising someone to deal with an estate—the key difference is who applies:
- Probate: Applied for by the executor named in a will
- Letters of Administration: Applied for by a close relative or partner when there is no will
In both cases, the person becomes a personal representative responsible for managing the estate according to UK law. However, when there’s no will, the law (known as the rules of intestacy) dictates who inherits. This can lead to complications, especially for unmarried partners or estranged family members.
Do You Always Need Probate or Letters of Administration?
A common question we hear is: “Do I need probate if there is no will?” The answer depends on the size and structure of the estate.
In some cases, you may not need probate or Letters of Administration at all. Not every estate goes through the full legal process. Especially if the assets are simple or held jointly.
When Probate or Administration Is Not Required
You may not need probate or Letters of Administration if:
- The estate is small
If the total value of assets is under £5,000–£10,000 (depending on the bank), probate may not be needed. - Assets were held jointly
Property, bank accounts, or savings held in joint names usually pass automatically to the surviving joint owner. - There are nominated assets
Life insurance policies, pensions, or death-in-service benefits that name a beneficiary can usually be paid directly, bypassing probate.
Each financial institution has its own rules about when probate is needed. Some may release funds for small accounts without it; others require legal documents regardless of the amount.
If you’re unsure, it’s always wise to check with the bank or insurance company directly—or get legal advice early. At DMA Law, we can help you work out whether probate or Letters of Administration are needed and guide you through the next steps.
Can You Handle Probate Yourself Without a Lawyer?
Yes, it is legally possible to handle probate or apply for Letters of Administration without using a solicitor—even when there is no will. However, managing someone’s estate without legal support can be stressful, time-consuming, and risky.
Many people underestimate the complexity of probate, especially when there’s no will to follow. In such cases, the law decides who inherits, and getting things wrong can lead to serious problems.
What’s Involved in DIY Probate Without a Will
If you choose to go it alone, you’ll be responsible for:
- Valuing the estate — including savings, property, belongings, and debts
- Paying Inheritance Tax (IHT) — submitting forms to HMRC and arranging payment
- Applying for Letters of Administration — through the Probate Registry
- Settling debts — including credit cards, loans, and outstanding bills
- Distributing the estate — following the rules of intestacy, not personal wishes
- Communicating with HMRC and the Probate Registry — ensuring legal deadlines and requirements are met
Doing this without experience can feel overwhelming, especially during a period of grief.
Risks of DIY Probate When There’s No Will
Taking on probate yourself might save legal fees in the short term—but it can cost much more in the long run if mistakes are made.
Some common risks include:
- Misunderstanding intestacy rules
Without legal knowledge, you may distribute the estate incorrectly or miss someone entitled to inherit. - Inheritance disputes
Family disagreements often arise when there’s no will. A solicitor can help avoid or resolve these before they escalate. - Delays due to incorrect paperwork
If forms are filled out incorrectly or documents are missing, the probate application can be rejected or delayed. - Financial penalties for tax errors
Failing to report or pay Inheritance Tax correctly could result in fines from HMRC.
If the estate is complex, involves property, or you’re unsure about any part of the process, it’s best to seek advice. At DMA Law, our probate solicitors are here to take the weight off your shoulders and ensure everything is done right the first time.
When Should You Use a Probate Lawyer?
While not every estate needs legal support, there are clear situations where using a probate solicitor is highly recommended—especially if there’s no will in place. These cases often involve more complexity, higher risk of mistakes, and greater emotional strain on the person handling the estate.
Here are common scenarios where you should strongly consider using a probate lawyer:
- Complex family dynamics
If the family is estranged, or if there are multiple people who could apply for Letters of Administration, legal advice can prevent disputes. - Property in the estate
Selling or transferring property without a will can be complicated. A solicitor ensures this is handled correctly. - Business or overseas assets
If the person owned a business or held property or bank accounts abroad, probate becomes more complex and requires legal expertise. - High-value estates
Estates over the Inheritance Tax threshold (£325,000 in most cases) require accurate tax reporting to HMRC. - Disputes or expected claims
If you suspect someone might contest their share of the estate or challenge who is applying, it’s vital to have legal protection. - Foreign debts or cross-border issues
Managing overseas liabilities and understanding international probate rules is not something most people can handle alone.
Advantages of Using a Probate Solicitor
Even if the estate seems straightforward, using a solicitor provides peace of mind that everything is done properly. A probate solicitor can:
- Ensure legal paperwork is correct
Mistakes in applications can lead to delays or legal challenges. A solicitor gets it right first time. - Speed up the process
With experience in working with HMRC and the Probate Registry, solicitors know how to move things along efficiently. - Handle communication with HMRC
Tax returns and IHT forms can be confusing. A solicitor ensures nothing is missed and deadlines are met. - Support you through a stressful time
Dealing with legal matters while grieving is difficult. A solicitor takes on the burden, so you can focus on your family.
At DMA Law, we provide probate support that’s both professional and personal. We know how stressful this time can be, especially when there’s no will. Our team supports families across the North East with care, clarity, and local knowledge.
Understanding Intestacy: Who Inherits When There’s No Will?
When someone dies without a valid will, they are said to have died intestate. This means the rules of intestacy decide who inherits their estate—regardless of personal wishes, family dynamics, or verbal promises made before death.
These rules are strict and follow a set legal order. Only certain relatives can inherit, and unmarried partners or close friends are not included.
Who Inherits Under the Rules of Intestacy?
Here is the general order of inheritance in England and Wales:
- Married or civil partner
If there are no children, the spouse inherits everything.
If there are children, the spouse receives:
- The first £270,000 of the estate
- All personal possessions
- Half of the remaining estate
The other half is split equally between the children.
- The first £270,000 of the estate
- Children
If there is no spouse, children inherit everything equally. - Parents
If there is no spouse or children, the estate goes to the parents. - Siblings
If parents are deceased, the estate passes to full siblings, then half-siblings. - Further relatives
If none of the above survive, the estate can go to grandparents, aunts, uncles, and cousins. - If no eligible relatives
The estate passes to the Crown under a rule called bona vacantia.
Common Issues With Intestacy
- Unmarried partners do not inherit
If you’re not married or in a civil partnership, you have no automatic legal right to the estate—even if you lived together for years. - Children from previous relationships
In blended families, intestacy rules can lead to inheritance disputes between biological and stepchildren. - No consideration of personal wishes
The law does not take into account verbal promises or informal arrangements.
This is why seeking legal advice is so important when someone dies without a will. At DMA Law, we help families understand their rights under intestacy and apply for Letters of Administration when needed. Our team ensures the estate is dealt with correctly and fairly, even in difficult situations.
What If There’s a Dispute?
When someone dies without a will, the risk of a dispute over the estate often increases. Without written instructions, families may disagree over who should apply to manage the estate—or who is legally entitled to inherit.
These disputes can delay the administration process, damage relationships, and even lead to court action. Knowing the risks and how a solicitor can help is essential.
Common Probate Disputes When There’s No Will
- Disagreements over who applies for Letters of Administration
More than one family member may wish to apply—or no one may feel confident enough to take on the role. This can lead to delays and conflict. If relatives can’t agree, the Probate Registry may need to step in. - Challenges to intestacy entitlement
Sometimes people who believe they should inherit (such as long-term partners or carers) are left out under the rules of intestacy. Disputes may arise if someone believes the distribution is unfair or incorrect. - Claims under the Inheritance (Provision for Family and Dependants) Act 1975
This law allows certain individuals—such as unmarried partners, adult children, or financial dependants—to challenge an estate if they believe they haven’t received reasonable financial provision. These claims can be complex and emotionally charged.
How We Can Help With Disputes
Disputes over estates are often stressful and legally complicated. Our solicitors have extensive experience in handling contested probate matters, especially in cases involving intestacy. We work with you to resolve issues quickly and fairly—ideally without the need for court.
Whether you’re worried about someone contesting an estate or you’re considering making a claim yourself, DMA Law can provide expert guidance and support across the North East.
Step-by-Step: What to Do If Someone Dies Without a Will
Losing a loved one is hard enough. We’ve covered the Importance of creating a comprehensive will. However, when there’s no will in place, handling their affairs can feel overwhelming. Below is a simple step-by-step guide to help you understand what to do if someone dies intestate (without a will).
1. Register the Death
You must register the death within five days in England and Wales. This is done at your local register office. You’ll need the medical certificate from a doctor.
2. Identify the Estate’s Value
List everything the person owned and owed. This includes:
- Property
- Savings and investments
- Personal belongings
- Outstanding debts and liabilities
This helps determine whether Inheritance Tax needs to be paid and whether probate (via Letters of Administration) is required.
3. Apply for Letters of Administration
If probate is needed, and there’s no will, someone must apply to become the administrator of the estate. This is done through the Probate Registry.
You’ll need to complete the correct forms and submit them with a copy of the death certificate and estate valuation.
4. Pay Inheritance Tax (If Applicable)
If the estate is worth more than the tax-free threshold (£325,000 in most cases), you may need to pay Inheritance Tax to HMRC. Some parts of this must be paid before probate can be granted.
5. Distribute the Estate
Once the Letters of Administration have been granted, the administrator can:
- Settle any debts
- Sell or transfer property
- Distribute the estate according to the rules of intestacy
This must be done carefully and lawfully. Mistakes can lead to personal liability.
When Should You Get Legal Advice?
You don’t always need a solicitor—but legal advice is strongly recommended if:
- The estate includes property, businesses, or foreign assets
- Family disputes are likely
- You’re unsure about the intestacy rules
- The estate is taxable or complicated
FAQs About Probate Without a Will
What’s the difference between probate and letters of administration?
Probate is granted when the deceased left a valid will and names executors. Letters of administration are granted when there is no will. In this case, a close relative applies to become the administrator and manage the estate. Both documents give legal authority to handle the person’s financial affairs, but they apply to different legal circumstances.
Who can apply for letters of administration?
Only certain people can apply, following the rules of intestacy. Usually, it’s the deceased’s closest living relative. Priority typically goes to:
- Spouse or civil partner
- Children (in age order)
- Parents
- Siblings
- Other blood relatives
Unmarried partners, stepchildren, and friends cannot usually apply unless they were legally entitled to inherit.
Can I still apply if someone else refuses?
Yes, but it depends on the situation. If someone with higher priority does not want to apply, they can renounce their right or give written permission for someone else to apply. The Probate Registry may also decide who is best placed to act if there’s a dispute or no one comes forward.
How long does it take?
The process usually takes 8 to 16 weeks after submitting the application—provided there are no complications. If the estate is complex, taxable, or includes property, delays can occur. Disputes between relatives or missing paperwork can also extend the timeframe significantly.
What happens if someone contests the estate?
If someone disputes who inherits or challenges how the estate is being handled, the process can be delayed or halted. They might raise a claim under the Inheritance (Provision for Family and Dependants) Act 1975, or question entitlement under the rules of intestacy. In such cases, it’s vital to get legal advice. A solicitor can help mediate, respond to claims, and represent your interests if court involvement becomes necessary.
Final Steps When There’s No Will: What You Need to Know
- Probate may still be needed, even if there is no will.
- If there’s no will, someone must apply for Letters of Administration instead of probate.
- The estate is distributed according to the rules of intestacy, which do not account for personal wishes.
- You can manage probate without a lawyer—but the process can be complex and stressful.
- A probate solicitor can help avoid mistakes, speed things up, and reduce the pressure on grieving families.
- Legal support is especially helpful in complex cases, or where disputes may arise.
If you’re feeling overwhelmed by the legal steps after losing a loved one—and there’s no will in place—know that you’re not alone.
There are Consequences of mishandling estate administration. Our team helps families across the North East of England navigate probate and estate administration with confidence and care. Contact us today for clear, compassionate guidance on what to do next. We’re here to support you every step of the way.
