Do I need probate if there is no will?
Dying without a will does not force a grant, and it does not excuse one. The same test applies; what changes is the name of the document, who applies, and who inherits.
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The short answer
- Whether a grant is needed depends on the assets, not on the missing will. Sole-name property or a sole-name account above the holder's limit means yes; joint or small means probably not.
- If one is needed it is called letters of administration, not a grant of probate. Same authority, different name.
- The closest relative applies, in a fixed order: spouse or civil partner, then children, then parents, then siblings.
- The intestacy rules decide who inherits. An unmarried partner, stepchild or friend inherits nothing under them.
- Nobody has authority until the grant is issued. Unlike an executor, an administrator cannot act before the court says so.
Around a third of adults in the UK die without a valid will. The absence of one adds some steps and removes some choices, but it does not by itself create a need for a grant. Whether one is needed is decided in exactly the same way as when there is a will: by what the person owned and how each organisation holding it responds to a death certificate.
The same test
- Jointly owned as joint tenants: passes to the survivor, no grant. This includes the family home and joint accounts.
- Sole-name accounts below the holder's limit: released on the death certificate and a form. Most large banks set the limit around £50,000, NS&I at £5,000.
- Sole-name property, a tenants-in-common share, or any sole-name holding above its limit: a grant is needed.
The only wrinkle is that, with no will, a bank releasing funds without a grant will want to know it is paying the right person. Expect to be asked to confirm your relationship and to sign a declaration that you are entitled under the intestacy rules and will indemnify the bank if that turns out to be wrong.
Who can apply for letters of administration
The order is set by the Non-Contentious Probate Rules and follows the order of entitlement under intestacy. Each class comes before the next; within a class, any one person can apply, and up to four can apply together.
- Spouse or civil partner
- Children (or their descendants if a child has died)
- Parents
- Brothers and sisters of the whole blood (or their descendants)
- Brothers and sisters of the half blood (or their descendants)
- Grandparents
- Uncles and aunts of the whole blood, then of the half blood
- The Crown, where there is no one else
Someone lower in the order can apply only if everyone above has died, or renounces, or is "cleared off" by a statement in the application. An unmarried partner, however long the relationship, is not on the list at all. Neither is a stepchild who was never adopted, nor a friend, nor the person who has been doing all the work.
If the estate needs a grant and you are not entitled to apply, the entitled relative must apply, or formally give up the right so that you can. Where the entitled person is a minor, two adults apply on their behalf.
Who inherits under the intestacy rules
For deaths on or after 26 July 2023 in England and Wales:
- Spouse or civil partner, no children: the spouse takes everything.
- Spouse or civil partner and children: the spouse takes the personal possessions, the first £322,000, and half of the rest. The children share the other half equally.
- Children, no spouse: the children share everything equally.
- No spouse, no children: parents, then siblings, then more distant relatives, in the same order as the right to apply.
These rules apply only to the assets that form part of the estate. Jointly owned assets went to the survivor and are not shared out. A house held as tenants in common, on the other hand, is: the deceased's share passes under the rules, which can leave a surviving unmarried partner co-owning their home with their partner's children or parents.
The authority gap
An executor named in a will has authority from the moment of death. An administrator has none until the grant is issued. In the weeks before that, nobody can legally sign a contract for the estate, instruct an agent to sell property, or give the bank instructions beyond the basics that banks allow anyone to do (paying the funeral invoice, providing information).
This matters most where there is a property to sell or a business to keep running. If a grant is going to be needed, the application should be the first job, not the last. Digital applications are currently taking about five weeks from submission; see how long probate takes right now.
What to do first
- Make sure there really is no will. Search the house, ask the bank (some hold wills in safe custody), ask any solicitor the person used, and search the National Will Register. A will found after letters of administration are issued causes real difficulty.
- Work out who is entitled to apply and to inherit, and agree who will do the work.
- Apply the asset test. If no organisation will require a grant, the entitled relative can collect the assets and distribute under the rules without one.
- If a grant is needed, value the estate and apply online or with form PA1A. The fee is £526, or nothing for estates of £5,000 or less.
Common questions
Do you need probate if there is no will?
Not automatically. A grant is needed only if an organisation holding an asset requires one: sole-name property, or a sole-name account above the holder's limit. With no will, the grant is called letters of administration and the closest relative applies for it. Jointly held assets pass to the survivor without a grant either way.
What is the difference between probate and letters of administration?
Both are grants of representation giving the same authority to deal with the estate. A grant of probate is issued to the executor named in a valid will. Letters of administration are issued where there is no will, or no executor able to act, to the person entitled under the intestacy rules.
Who can apply for letters of administration?
The closest living relative, in a fixed order: spouse or civil partner, then children, then parents, then siblings, then more distant relatives. Someone lower in the list can apply only if everyone above has died or given up the right. An unmarried partner is not on the list.
Can I get money from a bank account without letters of administration?
Yes, if the balance is below that bank's limit, most large banks around £50,000. The bank will ask the entitled relative to sign a declaration confirming their entitlement under the intestacy rules and indemnifying the bank. Above the limit the bank will require the grant.
Does a partner need probate if not married?
The asset test is the same, but an unmarried partner has no entitlement under intestacy and cannot apply for letters of administration. Assets held jointly as joint tenants pass to them by survivorship; anything in the deceased's sole name passes to the deceased's relatives unless a claim is made under the Inheritance (Provision for Family and Dependants) Act 1975.
How long do letters of administration take?
The same as a grant of probate. HMCTS's latest figures put digital applications at about five weeks from submission, with paper applications and anything that gets stopped for queries taking considerably longer. Nobody can act for the estate until the grant arrives, so apply early.
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Important
Solace is not a firm of solicitors and does not provide legal, tax or financial advice. We are an estate administration service and we are not regulated by the Solicitors Regulation Authority, the Financial Conduct Authority or any equivalent body. Nothing in this guide constitutes legal, tax or financial advice, and no solicitor–client relationship is created by reading it.
This article is general information only. It reflects the position in England and Wales at the date shown above; the law and the figures change, and Scotland and Northern Ireland differ in important respects. It may not apply to your circumstances. Whether a particular estate needs a grant is ultimately decided by the organisations holding the assets, and their limits change. Administering an estate carries personal legal responsibility, and you should obtain advice from a qualified solicitor, accountant or other regulated professional where appropriate. Always check current rates, fees and deadlines against GOV.UK before acting.