How Does Probate Work If There Is No Will?

Probate is the legal process of administering a deceased person’s estate, which includes distributing their assets to beneficiaries and paying off any debts or taxes. In the United Kingdom, probate is typically required if the deceased person owned property or assets in their sole name, or if they were the sole owner of a business. However, the process can be more complicated if there is no will, as the laws of intestacy determine how the deceased person’s assets will be distributed.

What is Intestacy?

Intestacy refers to the situation where a person dies without a valid will. In this case, the laws of intestacy determine how the deceased person’s assets will be distributed. In the UK, the laws of intestacy are governed by the Administration of Estates Act 1925.

How Does Probate Work if There is no Will?

The process of obtaining probate is similar but different paperwork will be required and the the distribution of the assets is determined by the laws of intestacy. If there is no will, the next of kin of the deceased person, as determined by the laws of intestacy, will have the legal right to apply for Letters of Administration and serve as the administrator of the estate.

Who is Eligible to Apply for Letters of Administration?

The next of kin, as determined by the laws of intestacy, is eligible to apply for Letters of Administration and serve as the administrator of the estate. In order of priority, this includes the deceased person’s spouse or civil partner, children, grandchildren, parents, siblings, or other relatives. If there are no surviving relatives, the estate will pass to the Crown.

Distribution of Assets

The laws of intestacy determine how the deceased person’s assets will be distributed. If the deceased person was married or in a civil partnership, the surviving spouse or civil partner will typically inherit the entire estate. If the deceased person was not married or in a civil partnership, their children will typically inherit the estate. If the deceased person had no children, the estate will be distributed to other relatives, such as parents or siblings.

The distribution of assets in case of intestacy will depend on the value of the estate, the number of beneficiaries and the relationship of the beneficiaries with the deceased.

How to Apply for Letters of Administration

The next of kin, as determined by the laws of intestacy, can apply for Letters of Administration by completing the appropriate forms and submitting them to the Probate Registry along with a death certificate and a list of the deceased person’s assets and liabilities. The administrator of the estate must also swear an oath.

Once Letters of Administration is granted, the administrator can use the grant of probate to access the deceased person’s assets and distribute them according to the laws of intestacy.

Conclusion

The process of obtaining Letters of Administration is a different process to obtaining Probate and the distribution of assets is determined by the laws of intestacy if there is no will. The next of kin, as determined by the laws of intestacy, is eligible to apply for Letters of Administration and serve as the administrator of the estate. It is important to seek legal advice before making any decisions about probate and ensure that the process is carried out correctly.