When someone dies without a will, there is no legally appointed executor, so an administrator must be appointed. This person must apply for a Letter of Administration to deal with the estate. Here, we explain who can apply in different parts of the United Kingdom.
To understand the process in more detail, you can read our guide on what a Letter of Administration is, here.
Probate in England and Wales
In England and Wales, the spouse or civil partner is usually first in line to apply. An unmarried partner does not automatically have the right to apply under intestacy rules. If the deceased’s estate is less than £270,000, only their spouse or civil partner may get a letter of administration. If the estate is worth more, the spouse will receive the first £270,000, and the remaining amount will be shared between the spouse and children. In this situation, both the spouse and children may be entitled to apply.
If a child has already passed away but had children of their own, those grandchildren can inherit their parent’s share. The spouse will inherit the entire estate if there are no descendants.
The children may obtain the letter of administration if there is no spouse. However, if there are no children or descendants, the rights will pass to the deceased person’s parents. If there is no spouse or children, the right to apply passes to other relatives in order, such as parents, siblings, and more distant family members.
If you’re ready to begin the process, this step-by-step guide on how to apply for probate can help.
Probate in Scotland
The general principle is similar in Scotland, although the amounts and rules differ. In Scotland, specific thresholds apply to property, savings, and possessions, with a portion typically going to the spouse and the remainder shared with children or other heirs.
If the children have died, the spouse, children, or other relatives may request letters of administration. If there are no offspring, the spouse’s limitations rise to £89,000 in cash. The remaining would go to the deceased’s parents, siblings, brothers, and sisters. It would be divided in half if both were still alive. In such a case, these people would be eligible to request a letter of administration.
For further details on how estates are handled when there is no will, visit MoneyHelper.
Probate in Northern Ireland
The maximum amount for a spouse in Northern Ireland is £250,000. The remaining funds would be divided into three parts: two for the children and one for the spouse. In this case, the spouse and children may be entitled to apply.
The spouse’s share increases to £450,000 if there are no children. The remaining amount is divided between the spouse and the deceased person’s parents or, if the latter are still alive, their brothers and sisters.
You can also find official guidance on applying for probate here: IWCProbateServices.co.uk.
Contact Probate Forms for probate advice on 0209 9859553.
