Probate When There Is No Will: What Happens and How to Handle It

What Happens When Someone Dies Without a Will?

It’s not something any of us want to think about—but it happens more often than you might expect.

When someone passes away without a valid Will, they’re said to have died intestate. This means the law decides who gets what, regardless of what the person may have wanted. For families already dealing with grief, this can create unnecessary stress, confusion, and even conflict.

In this blog, we’ll break down:

What probate is
What changes when there’s no Will
Who gets what under the rules of intestacy
The common problems that arise
How Soteria Planning helps families navigate it with care

What Is Probate?

Probate is the legal process of sorting out someone’s estate after they die.

It involves:

Identifying and valuing their assets
Paying any debts or taxes
Distributing what’s left to the right people

When someone leaves a valid Will, the process usually starts with the named executor applying for Grant of Probate. They’re responsible for following the wishes in the Will.

But when there’s no Will, things get more complicated.

What’s Different When There’s No Will?

When someone dies without a Will, there’s no named executor, and their estate is handled under the rules of intestacy. A family member will need to apply for what’s called Letters of Administration, which gives them the legal authority to deal with the estate.

The intestacy rules strictly determine who inherits—and sadly, they don’t always reflect modern family dynamics.

Who Inherits Under Intestacy Laws?

Here’s a simplified breakdown of how it usually works in England and Wales:

If the deceased was married or in a civil partnership:

The spouse or civil partner gets the first £322,000 of the estate.
Anything above that is split 50/50: half to the spouse, half to the children.

If unmarried:

Children inherit the estate equally.
If no children, it goes to parents, then siblings, then wider family—not an unmarried partner.

Important Notes:

Stepchildren get nothing unless they were legally adopted.
Unmarried partners aren’t entitled—even if you’ve lived together for years.

The Common Problems Families Face

When there’s no Will, the legal process can create all sorts of difficulties, including:

1. Family Disputes

Blended families or estranged relatives can end up in serious disagreements over who is entitled to what.

2. Delays and Confusion

Applying for Letters of Administration often takes longer than probate with a Will. And without clear instructions, decisions about property, belongings, and money can stall.

3. Financial Hardship

If joint bank accounts are frozen or insurance payouts are delayed, surviving partners or dependents may struggle financially—especially if they’re not legally entitled to the estate.

4. Missed Opportunities for Tax Planning

Without a Will, families may miss out on important inheritance tax reliefs or planning strategies that would have protected more of the estate.

How Soteria Planning Can Help

If you’re facing probate with no Will, you don’t have to do it alone. At Soteria Planning, we’ve supported hundreds of families through the process, no matter how complex or emotional it gets.

Here’s how we make a difference:

✔️ Help with applying for Letters of Administration

✔️ Clear advice on who’s entitled to inherit

✔️ Managing the estate – from debts to asset distribution

✔️ Protecting your rights if you’ve been left out

✔️ Qualified guidance from STEP-trained professionals and legal experts

We handle the admin, the legals, and the difficult conversations—so you can focus on what matters.

Real Life Example

When our client’s father passed away unexpectedly, she was shocked to find out he didn’t have a Will. He’d remarried late in life and hadn’t updated his paperwork.

Without any legal documents, Sarah and her stepmother were suddenly at odds over who should inherit what. The house, his savings, even sentimental items—all became sources of tension.

With Soteria’s help, the family:

Understood their legal standing
Avoided a costly legal dispute
Put a fair and legally sound plan in place

The process wasn’t easy—but it was handled with empathy and expertise. And that made all the difference.

Our Advice: Plan Early, Act Quickly

The best time to make a Will is before probate becomes necessary. But if that moment has already passed, the next best thing is getting the right help.

Even without a Will, we can help you:

Navigate probate with less stress
Protect vulnerable family members
Avoid expensive mistakes

Need Help with Probate?

We’re here to guide you through every step. Whether you’re applying for Letters of Administration or just want to understand what happens next, we offer free, confidential consultations.

📞 Book your probate consultation now
🌐 Visit soteriaplanning.uk