When there is no will

What happens when there is No will with probate

If the person who died did not leave a will (this is called dying intestate) and you are one of the relatives who is entitled at law to take out a grant to their estate there is still a choice for you. You are entitled to take out the grant to their estate but not obliged to do so and cannot be made to do so. If you decide not to apply to be an administrator then the next person entitled can take out the grant and so on. If there are no relatives willing to take out the grant then The Crown steps in and the Treasury Solicitor takes out the Grant. When someone dies without a will the persons who are entitled in order to take out a grant to their estate are as follows:-

  • Spouse or registered civil partner (Common law partners are not entitled)
  • Children or their issue
  • Parents
  • Brothers and sisters of the whole blood or their issue
  • Brothers and sisters of the half blood or their issue
  • Grandparents
  • Uncles and Aunts of the whole blood or their issue
  • Uncles and Aunts of the half blood or their issue
  • The Crown.

Unsure about the probate rules when there is no will call us 0845 269 3571 or complete our online enquiry form.

Probate Help

Fill in the form and we’ll call you.