Many clients who seek advice from our specialist wills and probate team ask, ‘What is intestate probate?’ Intestate probate is the process of dealing with someone’s estate after they die without leaving a valid will, so the estate is administered and then distributed under the legal ‘rules of intestacy’ rather than in accordance with the person’s wishes.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

Intestacy And Probate

When a person dies without a valid will, they are said to have died ‘intestate’, and strict inheritance rules apply in England and Wales.

Probate is the legal process of administering the estate. It includes identifying assets, paying debts and taxes, and distributing what remains to those entitled to inherit. Although people often use the phrase ‘intestate probate’, the key point is that the estate administration process is broadly similar, but the destination of the estate is fixed by legal principles.

What Happens When There Is No will?

If there is no will, the estate still needs to be collected in, liabilities settled, and the balance distributed, but distribution must follow the intestacy rules’ hierarchy of relatives.

In practice, this can be more time-consuming because there may be questions about who is entitled, and family members may disagree about who should take responsibility for the application and administration.

Who Inherits Under The Rules Of Intestacy?

The intestacy rules set out who can inherit and who cannot, and they can produce outcomes that surprise and disappoint families. They prioritise certain relatives in a strict order, commonly starting with a spouse or civil partner and children, then more distant relatives if there is no closer family. If there are no eligible relatives, the estate can ultimately pass to the Crown, often referred to as ‘bona vacantia’.

Some key points that often catch people out include:

• A spouse or civil partner must survive the deceased by 28 days to inherit under intestacy; if they die within that period, they are treated as not having survived, and the next class of beneficiaries becomes entitled.
• Unmarried partners do not automatically inherit under intestacy in England and Wales, even if they lived together for many years, though they may be able to bring a separate claim in limited circumstances.
• Stepchildren do not inherit under intestacy, whereas legally adopted children are treated as the deceased’s children for intestacy purposes, and can inherit.

Can An Intestate Estate Be Changed?

Even though intestacy is a rigid legal framework, families sometimes agree a different distribution after the death. It may be possible to rearrange how an intestate estate is distributed by a deed of family arrangement, provided all affected beneficiaries agree and have capacity to do so. This can be particularly helpful where the intestacy rules exclude someone the family feels should benefit, for example, a long-term partner or stepchild, although careful legal and tax advice is important before signing anything.

When To Seek Legal Advice

You should consider advice early if there is a blended family, a long-term unmarried partner, minor beneficiaries, overseas assets, or any uncertainty over who is entitled to apply for the grant and administer the estate.

Our solicitors strive to take the pressure off families by guiding them through the legal and practical steps of administering an estate where there is no will, and ensuring the estate is distributed under the intestacy rules. We can provide as much or as little support as you need. We can advise you in connection with one discrete issue or oversee the entire process from start to finish.

We can advise whether a grant is needed and, where it is, prepare and submit the application for a Grant of Letters of Administration so that the right person has authority to deal with assets. We can identify and value the estate, contact banks and other asset holders, and confirm the assets and liabilities that must be dealt with before anyone inherits. We can also handle inheritance tax work, including completing the relevant forms and returns, calculating what is due, and liaising with HMRC to reach the correct position.

Where family details are unclear, our solicitors will help trace beneficiaries and missing assets and ensure the correct people receive what they are entitled to. We can assist you in settling debts, consider creditor protection steps, prepare full estate accounts, and oversee distribution to reduce the personal risk on the administrator. If property is involved, we can assist with transfers and the Land Registry process and coordinate any sale timetables.

If you are dealing with an intestate estate and want help understanding the rules and next steps, our team can guide you through the process and help you reach a practical outcome, including exploring whether a family arrangement is appropriate.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.