What Happens If You Die Without a Will in the UK?

If somebody dies without a valid will in England or Wales, the intestacy rules decide who inherits. The rules do not recognise informal promises or divide the estate according to who was closest to the person. A surviving legal spouse or civil partner and children are the first questions; an unmarried partner does not inherit automatically.

This guide covers England and Wales. Scotland and Northern Ireland use different succession systems. The checker above keeps every answer in the browser and points to the official GOV.UK inheritance route; it is not a beneficiary search or a calculation to use for distributing money.

Who inherits at a glance?

Who survives?	England and Wales starting point
Spouse or civil partner; no children or other descendants	The spouse or civil partner normally inherits the whole intestate estate.
Spouse or civil partner and descendants; net intestate estate up to £322,000	The spouse or civil partner normally receives the intestate estate.
Spouse or civil partner and descendants; net intestate estate over £322,000	The spouse or civil partner receives personal chattels, the first £322,000 and half the remaining balance. Descendants share the other half of that balance under statutory trusts.
No spouse or civil partner; descendants survive	Children or their descendants normally inherit the estate.
No spouse, civil partner or descendants	Entitlement moves down a statutory order of relatives. Use the official checker rather than guessing.

The £322,000 figure is the current statutory legacy for this England-and-Wales route, checked against HMRC material updated in July 2026. It is not the inheritance-tax nil-rate band and it is not the gross value of everything the person owned. Debts, administration expenses and assets passing outside the estate can change the relevant net intestate estate.

What “without a will” includes

A person is fully intestate where no valid will disposes of the estate. Partial intestacy can also arise where a will is valid but fails to deal with part of the estate—for example, the residue clause fails or a gift has no surviving substitute beneficiary. The undisposed part follows intestacy even though other gifts in the will still work.

Before assuming there is no will, search the person's papers, solicitor correspondence and storage arrangements. You can also search the official probate records where appropriate. A missing original, damaged document or disputed later will needs specialist advice rather than an immediate intestacy distribution.

Spouse or civil partner: the legal status matters

A husband, wife or civil partner can inherit under intestacy. Separation by itself does not necessarily end that legal status: GOV.UK's probate guidance says a spouse or civil partner can remain the closest relative even if separated. Divorce or dissolution changes the position.

If there are no descendants, the surviving spouse or civil partner normally inherits the whole intestate estate. If descendants also survive and the net intestate estate is over £322,000, the statutory-legacy split above applies.

Unmarried partners do not inherit automatically

There is no “common-law marriage” status in England and Wales. A cohabiting partner who was not married to, or in a civil partnership with, the person at death does not automatically inherit under intestacy and cannot apply merely as a partner for letters of administration.

That does not mean every cohabitant is left without any possible remedy. A dependant or qualifying cohabitant may be able to ask the court for reasonable financial provision, and ownership or trust rights can exist independently of inheritance. Those are fact-sensitive claims with strict procedural deadlines. Obtain specialist advice immediately rather than distributing the estate or assuming a long relationship creates an automatic share.

Children, adopted children, stepchildren and grandchildren

Biological and legally adopted children can inherit under the intestacy rules. Stepchildren do not inherit automatically merely because they were treated as family, unless there is a separate legal basis such as adoption or a successful family-provision claim.

Where a child of the person who died has already died but left descendants, those descendants can usually take the share their parent would have received. If a beneficiary is under 18, their entitlement is normally held under the statutory trusts until adulthood rather than paid directly to them.

If there is no spouse, civil partner or descendant

The law works through defined classes of blood relative rather than choosing the closest relationship emotionally. Parents come before more remote classes; siblings and the descendants of deceased siblings can then matter, followed by further specified relatives. Full-blood and half-blood relationships do not always rank together.

Use the GOV.UK inheritance checker and build a documented family tree. Do not pay a person simply because they describe themselves as “next of kin”. That phrase does not itself establish inheritance entitlement.

Some assets may pass outside intestacy

• Joint-tenancy property and some joint accounts: the survivor may take by survivorship rather than through the estate. A tenant-in-common share normally enters the estate.
• Pensions and death-in-service benefits: trustees or providers may decide under their scheme rules and nominations.
• Life policies and trust assets: assets held under a valid trust can follow the trust terms.
• Debts and secured lending: inheritance is calculated only after the estate's enforceable liabilities and administration expenses are addressed.

Get the title register, account mandate, pension or policy terms and trust documents. Do not assume “joint name” always means the same legal ownership.

Who administers an intestate estate?

Without an executor appointed by a will, the most entitled eligible person normally applies to become the administrator. GOV.UK describes the usual starting order as the surviving husband, wife or civil partner, followed by adult children. An unmarried partner cannot apply solely because they were the partner.

The authority issued is normally called letters of administration, rather than a grant of probate. Before applying, the administrator needs to value the estate and deal with the inheritance-tax reporting position. Each bank or asset provider should also be asked whether it requires a grant; there is no single release threshold used by every institution.

Practical order before distributing the estate

1. Register the death and use Tell Us Once where available.
2. Locate any will, codicil and evidence about storage or later documents.
3. Identify the country of domicile and any overseas property or connections.
4. Secure the property and notify banks, insurers, pension providers and creditors.
5. Separate estate assets from survivorship, trust, nomination and policy assets.
6. Value property, accounts, investments, possessions, gifts and debts at the date of death.
7. Use the official checker to establish who is entitled and who can apply.
8. Complete tax reporting and obtain letters of administration if required.
9. Pay funeral costs, administration expenses, debts and tax before beneficiaries.
10. Keep estate accounts and obtain advice before distributing if a beneficiary, debt or claim is uncertain.

Can the family change an intestacy result?

Beneficiaries can sometimes redirect their own inheritance through a deed of variation. For inheritance-tax or capital-gains-tax treatment to be read back to the death, the document normally needs to meet statutory conditions and be completed within two years of death. It cannot simply take away the entitlement of a child or other beneficiary who cannot consent. Read our deed of variation guide and obtain tax/legal advice where the change is substantial.

When to get specialist help

Get advice before distribution where there is a cohabiting partner or dependant, separation or disputed divorce status, a missing relative, a minor beneficiary, insolvent estate, business, farm, trust, foreign asset, uncertain domicile, disputed ownership, missing will, lifetime gifts, tax complication or threat of a claim. An administrator can be personally exposed if estate money is distributed to the wrong person or before valid liabilities are resolved.

Official sources checked

• GOV.UK: who can inherit and apply without a will
• GOV.UK: applying as an administrator
• HMRC: current spouse, descendants and £322,000 statutory-legacy rule
• HMCTS: letters of administration and form PA1A
• Government Legal Department: relative order and unclaimed estates

Reviewed 3 September 2026. This is general information for England and Wales, not a beneficiary determination, legal advice or tax advice. Confirm the family tree, ownership, estate valuation and current official rules before distributing any asset.