Probate Without a Will

Losing someone close to you is one of life’s most difficult experiences, and if your loved one passed away without leaving a Will (known legally as dying "intestate"), you may find yourself dealing with disputes you never expected. Questions about who is entitled to inherit, how assets are distributed, and what steps need to be taken can quickly add to an already emotional situation.


This guide is designed to help you understand what happens when someone dies without a Will. Whether you're acting as a next of kin or simply trying to understand your rights, we’re here to support you with straightforward advice and support when you need it most.

Can I get probate when there is no Will?

If someone dies without a Will, they are ‘intestate’. The rules of intestacy will decide how their estate is divided up, and who can inherit or benefit from their assets. 

You can’t get a Grant of Probate, but you can get a document called a Grant of Letters of Administration, which is similar. This gives you the authority to administer the estate.

It can be devastating for families, friends, unmarried partners, or carers expecting to inherit money and being left with nothing. It can affect workers too – for example, if a farmer promises land to a worker, but dies before making a will.

It can also lead to you paying more inheritance tax.

We can get you to a fairer outcome when a person who’s died hasn’t left a Will.

Meet an expert from our Probate team

We have the largest private client team in the UK, our team of experts are here to provide discreet legal advice to support you and your family.

Andrea Jones
Andrea Jones
Partner & National Head of Private Client Advisory

Frequently asked questions on probate without a Will

A solicitor can advise you whether you have a realistic claim. You will need to apply for a “Grant of Letters of Administration” to get the right to deal with the estate.

We’re here to help

Complete our enquiry form and one of our experts will contact you by the next working day.
 

Alternatively, you can call us now.
 

Our opening hours are Monday to Friday 8am to 6pm (Excluding Public Holidays).

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Services related to no-Will probate

No matter what stage of life you’re at or what you’ve been through, we can provide insightful legal guidance that suits you and your needs.
  • Contesting Probate Without a Will

    It’s not possible to stop the rules of intestacy from taking effect. However, if you believe you are entitled to a share of the estate, you may be able to bring a claim under the Inheritance Act.

  • Will Guide

    Our Wills guide gives you more information about how to make a Will and what to include.

  • Disappointed Beneficiary of a Will Claims

    Our Will Disputes solicitors may be able to help you claim if you expected to inherit something from a loved one but it isn’t in their Will.

  • Probate

    Our solicitors can help you through probate and estate administration with a tailored service offering exactly as much assistance or advice as you need.