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Getting expert help from a solicitor

When someone dies without leaving a will, dealing with their estate can be complicated. It can also take a long time - months or even years in some very complex cases.

If matters are complex or you feel you need help, it's a good idea to consult a solicitor as soon as possible. It's advisable to show them all the information and documentation you have about the deceased person's property, belongings and financial affairs. In the meantime, it may be a good idea to put small valuable items away for safekeeping.

To find a solicitor you can use the search facility on the Law Society's website or call them on 0870 606 6575 (Monday to Friday, 8.30am to 5.00pm).

• Find a solicitor at The Law Society website Opens new window
• What to do when someone dies

Who can deal with the deceased person's estate?

Usually a close relative like a spouse, child or parent will have the legal right to sort out the estate of the person who has died.

• Check priority of who takes charge if there is no will Opens new window

Applying for a Grant of Letters of Administration

In order to be able to administer someone's estate you normally need to apply to the Probate Registry for a 'Grant of Letters of Administration'. You can ask your solicitor to help you with applying for a grant or you can make a personal application.

On receipt of the grant you become the 'administrator' of the estate. The grant provides proof to banks, building societies and other organisations that you have authority to access and distribute funds that were held in the deceased's name. The overall process is often referred to as 'obtaining probate', though technically this term applies where there was a will.

Note that if Inheritance Tax is due on the estate some or all of this must be paid before a grant will be issued. Read the detail in our related articles 'Applying for probate' and 'Valuing an estate for Inheritance Tax'.

• Applying for probate
• Valuing someone's estate for Inheritance Tax

When a grant may not be needed

If the deceased's estate is below £5,000, and doesn't contain any land, property or shares, then it may be possible to deal with it without obtaining a grant. Also, a grant might not be needed if the whole of the estate is held in joint names and passes automatically to the surviving joint owner.

• What is probate?
• Accessing a deceased person's money

Who will inherit the deceased's estate?

If there is no will, there are rules for deciding who will inherit the estate. It depends on the deceased's personal circumstances.

If the deceased was married or in a civil partnership with an estate worth £125,000 or less

Everything goes to the husband, wife or civil partner.

If the deceased was married or in a civil partnership with an estate worth over £125,000

The husband, wife or civil partner won't automatically get everything although they will receive:

The rest of the estate will be shared by the following:

If there is no surviving spouse/civil partner

The estate is distributed as follows:

If you were partners but weren't married or civil partners

If you weren't married or registered civil partners, you won't automatically get a share of your partner's estate if they don't make a will.

If they haven't provided for you in some other way, your only option is to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 - see the next section.

• Check who inherits if there is no will Opens new window

If you feel you've not received reasonable financial provision

If you feel that you have not received reasonable financial provision from the estate, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.  To make a claim you must have a particular type of relationship with the deceased, such as child, spouse, civil partner, dependant or cohabitee.

Bear in mind that if you were living with the deceased as a partner but weren't married or in a civil partnership, you'll need to show that you've been 'maintained either wholly or partly by the deceased' - this can be difficult to prove if you've both contributed to your life together.

You need to make a claim within six months of the date of the Grant of Letters of Administration.

This is quite a complicated area and a claim may not succeed. It's advisable to ask a solicitor's advice. They would charge for this service.

• More on claims under the Inheritance (Provision for Family and Dependants) Act Opens new window

Further information

The Probate and Inheritance Tax Helpline offers information. Telephone: 0845 302 0900. Lines are open 9.00 am to 5.00 pm Monday to Friday.

More useful links

• More on who inherits where there is no will Opens new window
• More about what happens when an estate passes to the Crown Opens new window
• What happens about Inheritance Tax when someone dies (money, tax and benefits section)
• Information from Citizens Advice Bureau on bereavement Opens new window