Losing a loved one is difficult enough without the added stress of managing their estate. When someone dies without a will, the process of handling their affairs can feel overwhelming — and it can often take longer than if a will had been in place.
If you’re responsible for managing the estate of someone who has died without a will, you might be wondering what steps are involved, and what complications you may face.
What Happens When Someone Dies Without a Will?
When a person dies without a will, they are said to have died intestate. This means their estate must be distributed according to the rules of intestacy, which set out who inherits — regardless of the deceased’s personal wishes.
Before the estate can be managed or distributed, someone must apply for legal authority to act. This is done through an application to the Probate Registry for a Grant of Letters of Administration, which gives the applicant the authority to deal with the estate. The equivalent would be applying for a Grant of Probate where an executor has been appointed in the will.
The person entitled to apply is determined by the rules of intestacy — usually a spouse, civil partner, adult child, or parent. There are strict rules about who can act in this role and you must prove that you are the most entitled person to act.
How Long Does Estate Administration Take Without a Will?
The timescale can vary depending on the size and complexity of the estate, but the process often takes longer when there is no will.
Below is a general guide to what you can expect:
- Initial Steps (1 to 3 months)
The first step is complete a thorough will search to ensure that there is no will. This is an important step as an administrator may be personally liable if they distribute an estate and it later comes to light that there was a will in place.
Before applying for a Grant of Letters of Administration, a number of other tasks must be completed, including:
- Registering the death
- Identifying and valuing all assets and debts
- Locating all individuals who may inherit under the intestacy rules
- Gathering the documents needed for the application
These steps ensure the estate is accurately valued and the correct person applies for the grant. In some cases you may need to obtain a family tree to check who is entitled to apply. We have worked with genealogists and tracing agents in the past to ensure that we have ‘cleared off’ everyone that might be entitled to act. This is an important stage to get right because the Probate Registry will want proof that the person applying is the person most entitled to act.
- Application Process (3 to 6 months)
Once the application has been submitted to the Probate Registry, it typically takes around 16 weeks or longer to receive the Letters of Administration.
Delays are common if the Probate Registry is busy, or if further information is requested.
- Administering the Estate (6 to 12 months or more)
It’s important to remember that no one has legal authority to administer the estate until the Grant of Letters of Administration has been issued. This is in contrast to an executor under the will who’s legal authority begins from the date of death and allows them to deal with certain aspects of estate administration before a Grant is required.
Once the grant is obtained, the administrator can:
- Collect in assets
- Pay debts, taxes, and expenses
- Distribute what remains to the beneficiaries
This stage can take several months — longer if there are property sales, complex financial matters, or family disputes involved.
What Can Delay the Process?
Several issues can cause delays in obtaining a Grant of Representation when there’s no will, including:
- Disagreements over who should apply to administer the estate
- Difficulty tracing beneficiaries
- Incomplete or missing financial information
- The need to pay Inheritance Tax before the grant is issued
- Claims made against the estate (for example, by a cohabiting partner)
Is a Grant of Representation Always Needed?
A Grant of Letters of Administration is not always required — even if there is no will.
You will usually need to apply for a grant if:
- The deceased owned property or land in their sole name
- There are significant savings, shares, or investments
- Banks or financial institutions require legal proof before releasing funds
If the estate is small, or if all assets were held jointly, a grant may not be needed. Always check with the relevant institutions first as they are more likely to require a grant where there is no will.
Conclusion
Having professional support can help make the process smoother and gives you peace of mind that everything is being handled properly. Contact us if you would like assistance in dealing with estate administration for someone without a will.
