What This Guide Covers
- What it means to die intestate and who is affected
- The intestacy rules — who inherits and in what order
- How to apply for Letters of Administration
- How to sell a property when there is no will
- What to do if family members disagree
Over half of adults in England and Wales do not have a valid will. If you are dealing with the estate of someone who died without one, you are far from alone — but the process works differently from a standard probate, and it is important to understand your rights and responsibilities from the outset.
What Does It Mean to Die Intestate?
A person dies intestate when they pass away without leaving a valid will. In that situation, the distribution of their estate — including any property — is governed by the intestacy rules set out in the Administration of Estates Act 1925, as amended. These rules follow a strict hierarchy of family relationships and take no account of verbal wishes, long-term partnerships, or promises made during the deceased's lifetime.
Important: Unmarried partners — regardless of how long the relationship lasted — inherit nothing under the intestacy rules. Only married spouses, civil partners and blood relatives have automatic rights.
Who Inherits Under the Intestacy Rules?
| Surviving Relatives | What They Inherit |
|---|---|
| Spouse or civil partner only (no children) | The entire estate |
| Spouse or civil partner + children | Spouse receives all personal possessions, the first £322,000, then half of the remainder. Children share the other half equally. |
| Children only (no spouse) | The entire estate, shared equally between children |
| Parents (no spouse or children) | The entire estate, shared equally between parents |
| Siblings (no spouse, children or parents) | The entire estate, shared equally between full siblings |
| No surviving relatives | The estate passes to the Crown (bona vacantia) |
Note on the £322,000 threshold: This figure — known as the statutory legacy — is set by government and subject to change. Our solicitor can confirm the current figure at the time of your enquiry.
What Are Letters of Administration?
When someone dies without a will, there is no executor named to deal with the estate. Instead, the person with the highest priority under the intestacy rules must apply to the Probate Registry for Letters of Administration — the intestacy equivalent of a Grant of Probate. This document gives them the legal authority to administer the estate, deal with the property, and distribute assets to beneficiaries.
The right to apply follows the same hierarchy as the inheritance rules: spouse or civil partner first, then children, then parents, and so on.
How to Apply for Letters of Administration
The process broadly mirrors a standard probate application:
- Gather the death certificate and evidence of your relationship to the deceased
- Value the entire estate as at the date of death
- Complete and submit Inheritance Tax forms to HMRC
- Apply to the HMCTS Probate Registry for Letters of Administration
- Wait for the Letters to be issued (currently 14–20 weeks)
Our independent solicitor specialises in intestacy applications and can manage the entire process on your behalf, significantly reducing the risk of errors and delays.
Can You Sell the Property Without a Will?
Yes — but only once Letters of Administration have been granted. Until then, no one has the legal authority to sell the property. You can, however, market the property and agree a price in advance, so that the sale can complete within days of the Letters being issued.
We work with many families in exactly this position. We agree a cash offer, complete all our checks, and stand ready to complete the moment your Letters of Administration arrive.
Dealing With an Intestacy? We Can Help.
Our specialist solicitor can guide you through Letters of Administration at no initial cost. We will also give you a no-obligation cash offer from day one.
Book Free Solicitor Consultation →What If Family Members Disagree?
Intestacy situations can generate significant family conflict — particularly where there is no surviving spouse and multiple children or siblings are involved. As the administrator, you have a legal duty to act in the best interests of all beneficiaries. You do not need unanimous agreement to sell, but you must be able to demonstrate that you are acting properly and in good faith.
If disagreements escalate, our solicitor has extensive experience advising administrators on their duties and navigating contested intestacy situations professionally and sensitively.