When someone dies without a Will, it can complicate matters
Losing someone is hard enough without worrying what happens when there’s no Will. You might be asking who deals with the house, bank accounts, debts and personal items, as well as whether you need probate at all.
At Winston Solicitors, our Leeds-based wills and probate team has helped thousands of families across West Yorkshire through exactly this situation. With over 3,000 five-star reviews, we’re known for clear guidance, kind support and taking the pressure off at a very difficult time.
Quick Summary
- Check carefully for a Will
- Notify the Registrar and “Tell Us Once”
- Work out who can deal with the estate
- Find out if probate is needed
- Follow the intestacy rules to share the estate
- Get local legal support in Leeds/West Yorkshire
What Happens If Someone Dies Without a Will?
When a person dies without a valid will, this is called dying intestate. Their estate is then split according to fixed intestacy rules, not personal wishes or family agreements.
This can lead to:
- Partners missing out if they were not married or in a civil partnership
- Step-children and friends receiving nothing
- Tension between relatives about “what they would have wanted”
We help you understand what the law says, so you know where you stand and what your options are.
Step 1 – Make Sure There Really Is No Will
Before treating the estate as intestate, it’s important to check if a will exists.
Start with:
- The person’s home and paperwork
- Files, drawers, safes and important document folders
- Emails or online storage, if you have lawful access
You can then contact:
- Local solicitors in Leeds / West Yorkshire (or near anywhere the person lived previously)
- The person’s bank (some still hold wills)
- A professional will search company
- The London Principal Probate Registry to check for registered wills
- The National Will Register
If no will is found after reasonable checks, the estate is usually treated as if no will exists.
Step 2 – Register the Death and Notify Organisations
Once the death is registered, you can often use the government’s Tell Us Once service. This lets you report the death to most key government bodies in one go.
You’ll also need to contact:
- Banks and building societies
- Pension providers and insurers
- Utility companies and landlords
- Local council (for council tax or housing issues)
At this stage, you are gathering information — you are not yet personally responsible for the estate.
Step 3 – Work Out Who Has Authority to Deal with the Estate
If there is no will, next of kin do not automatically have legal power to act. Instead, the intestacy rules decide who can apply to deal with the estate.
This is usually, in order of priority:
- Spouse or civil partner
- Children
- Parents
- Siblings
- More distant relatives
- The state if there really are no other relatives
The person who applies (or the main group applying) will usually become the administrator(s) of the estate.
Step 4 – Do You Need Probate If There Is No Will?
Many people search for “probate without a will” and “no will probate”. The process is similar but uses a different document.
- If there is no will, you usually apply for a Grant of Letters of Administration
- This is the intestacy version of a Grant of Probate
- Both types of Grant are Grants of Representation, meaning they appoint a Personal Representative to administer the estate (an executor in a Will or an administrator if intestate/no will)
- There is a house or flat in the person’s sole name
- There are significant savings or investments
- Banks or financial institutions ask for it
We can quickly tell you whether probate is needed in your situation.
Step 5 – Collect Assets and Pay Debts
Once you have authority (usually via a Grant), you must:
- Identify all assets – property, savings, investments, personal items
- Identify all debts – loans, credit cards, utilities, tax
- Pay funeral expenses and debts from the estate
- Keep clear records of what has been collected and paid
You are dealing with the deceased’s money, not your own. Good records protect you from future disputes.
Step 6 – Distribute the Estate Under the Intestacy Rules
Only after debts and expenses are paid should you share out what is left. The intestacy rules decide who inherits and in what shares.
For example (simplified):
- A married person with children: spouse gets a fixed amount (subject to thresholds) and a share of the rest; children share the remainder
- A single person with children: children usually share the estate
- No children, but living parents or siblings: they may inherit next
This can mean that:
- Unmarried partners inherit nothing, even after decades together
- Step-children may not receive anything
- More distant relatives inherit when there is no close family
We can walk you through the rules using your family tree and a flow-chart explanation.
If necessary, we can appoint a genealogist to investigate the family tree to ascertain who can act or inherit.
How-To: What to Do When Someone Dies Without a Will
- Check for a will
Search the home and contact local solicitors, banks and Will search services. - Register the death
Arrange the death certificate and use Tell Us Once if available. - Gather estate information
List assets, debts and ongoing bills. - Identify who can apply
Use the intestacy rules to see who has priority (spouse, children, parents, etc.). - Check if probate is required
Get advice on whether you need a Grant of Letters of Administration. - Pay IHT if the estate is subject to it to HMRC
- Apply to the Probate Registry
Submit the application yourself or through a solicitor, online or on paper depending on estate complexity. - Administer the estate
Collect assets, pay debts and then distribute what’s left under the intestacy rules. - Keep records and get advice if unsure
This can protect you from future challenges or complaints.
Common Situations We See in Leeds & West Yorkshire
“My spouse/partner died without a will – what do I do?”
We help you check what you’re entitled to under the intestacy rules, whether probate is needed, and how to protect your home and finances.
“My parent died with no will and I’m their child.”
We guide you on whether you can apply to be administrator, what paperwork is needed and how to deal with siblings fairly.
“There’s no will and no obvious family.”
In rare cases, the estate may pass to the Crown. We can help trace relatives or advise on next steps.
The service I received regarding wills and powers of attorney were handled in a very professional and sympathetic manner. Thanks must go to Monika for leading me through the "legal minefield" involved. My late wife and I originally used Winston Solicitors years ago for all our legal dealings at the time and we can honestly say we could not have chosen better.
Client, Pudsey
Dying without a will can create real stress for families, we’re here to give clear answers and take as much of the burden off you as possible.
Monika Volsing, Head of Wills and Probate at Winston Solicitors
Do I Need a Solicitor When Someone Dies Without a Will?
You don’t have to use a solicitor but many families choose to. The rules can be complex and mistakes can cause delays, disputes or tax problems later on.
We can:
- Confirm who should apply
- Handle the probate application
- Explain the intestacy rules in plain English
- Deal with banks, HMRC and the Probate Registry for you
Ready to Talk Things Through?
You are not expected to know all of this alone, especially when you’re grieving. Our friendly Leeds wills and probate team supports families across West Yorkshire and beyond with practical, calm advice.
Contact Winston Solicitors today - we’ll help you work out what to do next when someone dies without a will.
You should check carefully for a will, notify the government using Tell Us Once, work out who has the legal right to handle the estate and then apply for Letters of Administration if probate is needed. We help families across Leeds and West Yorkshire through each step.
The estate is shared under the intestacy rules. These decide who inherits and who can apply for probate. Unmarried partners and step-children usually receive nothing unless provided for separately.
Often yes. When someone dies intestate, the person with priority applies for a Grant of Letters of Administration, which is the no-will version of probate. We can check if a Grant is needed in your situation.
The law sets out an order of priority, usually spouse or civil partner first, then children, then parents, then siblings, and so on. “Next of kin” is not a legal concept and has no legal authority - the intestacy rules decide who can apply.
If the property was in their sole name, it forms part of the estate and is shared under intestacy rules. If it was jointly owned, it may pass automatically to the surviving joint owner if they were ‘joint tenants’. We can explain how this works for your home.
As a spouse or civil partner, you are usually first in line to apply for probate and inherit a large part of the estate. How much depends on whether there are children. We’ll explain what you are legally entitled to.
Children are often next in line to inherit and apply for Letters of Administration. You’ll need to gather information about the estate and check whether probate is required.
You should search the home, speak to local solicitors, contact the person’s bank and consider a will search. If no will is found, the estate is usually treated as intestate.
Probate without a will is called Letters of Administration. The process is very similar: you value the estate, submit the forms and wait for approval from the Probate Registry.
The intestacy rules decide the order of priority. This usually starts with the spouse or civil partner, then children, then parents and siblings, more distant relatives and if no living relatives are found, the state.
If no relatives can be found, the estate may pass to the state under “bona vacantia”. This is rare. Relatives can often be traced. We can help you explore the options.
You check for a will, notify organisations, value the estate, see if probate is needed, apply for Letters of Administration, pay debts and then distribute the estate under intestacy rules. We can handle this for you from start to finish.
Intestacy simply means someone has died without a valid will. Their estate must then be shared using the intestacy rules.
If you were not married or in a civil partnership, you do not automatically inherit under the intestacy rules. You may still have rights (for example, a dependency claim), and we can talk you through them.
Most applications take around 12-16 weeks once submitted, but delays are common. Using solicitors helps avoid mistakes that hold up the process.
