Someone Died Without a Will (Intestacy)
When a person dies without a valid will, their estate passes under the intestacy rules set out in the Administration of Estates Act 1925. This page explains who inherits, what happens to a surviving spouse or civil partner, and why unmarried partners receive nothing under intestacy.
Quick Answer
If someone dies without a will, the intestacy rules in Administration of Estates Act 1925 s.46 govern who inherits. A spouse or civil partner takes the first £322,000 of the estate plus half of any remainder; close relatives take the rest. Unmarried partners receive nothing under intestacy regardless of the length of the relationship.
Full Explanation
Intestacy — dying without a valid will — means the deceased's estate is distributed according to a statutory hierarchy set out in the Administration of Estates Act 1925 s.46, as amended. The rules apply only to England and Wales. Scotland and Northern Ireland have separate rules.
Where the deceased leaves a spouse or civil partner and children, the spouse or civil partner takes all personal possessions (the 'personal chattels'), the statutory legacy (currently £322,000, updated by statutory instrument), and half of any residue. The children share the other half of the residue equally. Where there are no children, the spouse or civil partner takes the entire estate. Where there is no spouse or civil partner, the estate passes to children, then to parents, then to siblings, then to more distant relatives — and ultimately to the Crown as bona vacantia if no qualifying relative can be found.
Unmarried partners — regardless of how long the couple have lived together — have no automatic entitlement under intestacy. This is a frequent source of hardship. A cohabiting partner may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they lived with the deceased for at least two years immediately before death, but that requires litigation. It is not automatic.
To administer an intestate estate, the next of kin must apply to the Probate Registry for a Grant of Letters of Administration using form PA1A. The administrator has the same powers and duties as an executor under a will, including valuing the estate, paying inheritance tax if the estate exceeds the nil-rate band (£325,000 in 2026), and distributing to those entitled under the statutory rules.
If the intestacy rules produce an outcome that would cause hardship — for example leaving a long-term partner or financially dependent person without provision — an Inheritance Act 1975 claim should be considered within six months of the grant of administration.
Legal Basis
- §Administration of Estates Act 1925 s.46 — sets out the statutory order of inheritance on intestacy
- §Inheritance and Trustees' Powers Act 2014 — raised the statutory legacy and simplified the spouse's entitlement to the residue
- §Inheritance (Provision for Family and Dependants) Act 1975 — allows certain dependants to apply to court for reasonable financial provision from an intestate estate
What To Do
Register the Death
Death must be registered within 5 days at the local Register Office. You will receive a death certificate (several certified copies are recommended — banks and institutions require originals). You will also receive a 'Tell Us Once' reference number to notify multiple government departments simultaneously.
Locate and Value All Assets and Liabilities
Compile a full list of the deceased's assets (bank accounts, property, investments, vehicles, personal possessions) and liabilities (mortgage, loans, credit cards). Contact each institution in writing enclosing a death certificate. For property, obtain a RICS valuation at date of death. This information is needed for the IHT205 or IHT400 and for the PA1A application.
Apply for Grant of Letters of Administration (PA1A)
The person entitled to administer the estate (usually the closest living relative under the intestacy order) must apply to the Probate Registry using form PA1A. An original death certificate and the £273 court fee (2026 rate; estates under £5,000 are exempt) must be included. If inheritance tax is due, form IHT400 must be submitted to HMRC and tax paid (or deferred on property) before probate is granted.
Pay Debts and Inheritance Tax
Once the grant is issued, use estate funds to pay all debts and any inheritance tax due. The IHT nil-rate band is £325,000; the residence nil-rate band (£175,000) applies if property passes to direct descendants. Estates passing to a spouse or civil partner are fully exempt from IHT. Pay funeral costs first — they are a priority debt of the estate.
Distribute the Estate Under Intestacy Rules
After paying all debts and tax, distribute the net estate according to s.46. Keep clear accounts showing all receipts and payments. Provide each beneficiary with a statement. Retain funds for any potential Inheritance Act claims for at least six months from the grant before making final distributions.
Important Deadlines
Important Warnings
Unmarried partners have no automatic right to inherit under intestacy. A cohabiting partner must bring an Inheritance Act 1975 claim within six months of the grant of letters of administration — this requires legal proceedings.
Personal liability: an administrator who distributes the estate incorrectly, pays a wrong beneficiary, or pays before settling all debts may be personally liable to make good the loss.
Do not pay debts or distribute assets before the grant of letters of administration is issued — you have no legal authority to deal with the estate until then.