Intestacy guidance | England and Wales
No Will: Where Do I Start?
When someone dies without a valid will, it can be hard to know where to start. First check the records, who is entitled to administer and which assets pass under intestacy. The absence of a will does not itself mean there is a dispute.
By Justin Patten, Solicitor.
General guidance. Sources checked 1 October 2026. The facts and any proposed legal step require individual assessment.
Who can administer the estate and who inherits from it are related, but they are not interchangeable. These guides explain the starting points without determining any particular person’s entitlement.
First, Check Whether There Really Is No Will
Not finding a will immediately is different from establishing that no valid will exists. Check the deceased’s papers and ask any solicitor or organisation that may have stored it. Record the searches and responses.
A probate-record search can show a will associated with an issued Grant; it is not a complete search for an unproved will. If an original is missing, a copy is found or validity is disputed, obtain advice before treating the estate as intestate.
Source: HMCTS probate-search guidance.
A missing original or an incomplete will needs a different enquiry
| What you have found | Starting point |
|---|---|
| A copy, but no original | Record searches, who last held the original and any evidence of revocation. A copy may require a different probate application and supporting evidence; do not assume complete intestacy. |
| A will that may leave something undisposed of | Check the entire will, codicils and residue provisions. Partial intestacy concerns the undisposed part; it does not automatically displace the whole will. |
| No will after reasonable enquiries | Continue the separate checks of authority to administer, estate assets and inheritance. |
Keep all versions and obtain advice where the position is uncertain. For disputed wording, see our interpretation guide.
Separate the Three Starting Questions
- Who can administer? The person dealing with the estate needs the appropriate authority. The relevant Grant where there is no will is usually Letters of Administration.
- What belongs to the estate? Identify the assets, ownership, debts and tax position.
- Who inherits? Statutory rules govern the intestate estate; family preference does not determine the shares.
Being a beneficiary and having authority to deal with estate assets are different things. An application may not be needed for every estate; check the requirements of the organisations holding the assets.
Source: GOV.UK probate guidance.
Is the Administration Agreed or Is Something Holding It Up?
If the family agrees who should apply and there is no disputed will, entitlement or ownership, start with official probate guidance or a practitioner who provides routine estate administration.
If there is a disagreement or an unexplained delay, identify the blocked step. The administrator guide explains who may apply; the inheritance guide explains who may benefit. If neither covers your circumstances, contact Justin with a brief outline.
Our Bhusate v Patel case example shows how an intestate estate can remain unresolved for years even after Letters of Administration have been obtained.
Prepare a Factual Starting File
Gather the records below where you can. If something is missing, make a note of it.
- The death certificate, date of death and details of where the deceased lived.
- A family tree, supported by records of relationships and relevant deaths.
- Any will, copy, codicil or correspondence about its location.
- An asset-and-liability list, identifying joint ownership and any overseas connections.
- Any Grant already issued, application correspondence and the precise disagreement preventing progress.
Even without a will, the estate must be identified and valued, debts and taxes addressed, and the remaining assets distributed under the applicable rules.
Source: GOV.UK steps after a death.
When the Position Needs Closer Review
A missing will, disputed entitlement to apply, an incomplete family tree or a disagreement about estate property can each cause a different blockage. Identify which issue is preventing the next step rather than treating every family disagreement as the same problem.
A valid will that leaves some assets undisposed of can produce a partial intestacy (HMRC summary). These guides focus on an estate with no valid will. Scottish, Northern Irish and international estates need the applicable rules checked separately; domicile is a legal question, not simply an address.
Source: GOV.UK inheritance checker.
If a Disagreement Is Holding the Estate Up
Justin Patten can assess what is holding the estate up. The assessment costs £480 including VAT, subject to suitability and conflict checks. It includes a 30-minute consultation, up to 40 selected core pages and a two-page Action Plan.
Human Law provides advice, negotiation and separately agreed Probate Registry work for stalled or disputed estates. For routine grant applications and administration, use official guidance or a probate practitioner providing those services. Wider contested proceedings require a separate litigation practitioner.
Mention any deadline or immediate concern when enquiring; urgent protection may need prompt specialist advice. You can use the Action Plan independently; further work requires your approval of scope and fee.
Related Intestacy Guides
For other estate problems, browse the guidance or use the Problem Finder.
Any further work requires a separately agreed scope and fee, with your prior written approval before it begins.
Have a deadline? Call 01279 215580 · Monday–Friday, 9am–5pm. Tell us the date.
An enquiry does not pause a deadline. If urgent protection or court action is needed, seek prompt advice from a solicitor able to take that step rather than waiting for our reply.