First: where you stand
When someone dies without a will, they are said to have died intestate, and a fixed set of rules decides who inherits — grief and fairness don't enter into it. What those rules say about you depends entirely on your legal relationship:
- If you were married or in a civil partnership: if your partner had no children, you inherit the whole estate. If they had children, you receive their personal chattels, the first £322,000, and half of whatever remains; the children share the other half.
- If you were not married: you inherit nothing — not after two years together, not after twenty. The estate passes to your partner's children first, then their parents, then siblings, and down the family tree set out in the intestacy rules.
That second outcome shocks people. If it is your outcome, there is a possible legal claim (explained below) — but be honest with yourself that it is a claim, not a right.
Who sorts out the estate when there is no will
With no will there is no executor. Instead, someone steps forward as the administrator and applies to the Probate Registry for Letters of Administration — the document that gives legal authority to collect in the estate, pay debts and distribute what remains. Who can apply follows the same order as who inherits: spouse or civil partner first, then children, then parents, then siblings.
The application fee is £526 for estates over £5,000 (in force since 13 July 2026). You can apply yourself — many people do — or pay a professional; our probate guide explains the process step by step.
What to do in the first few weeks
- Register the death (within five days in England and Wales) and order several certified copies of the death certificate — banks, pension providers and the Probate Registry will all want originals.
- Search properly for a will before assuming there isn't one. Check the house, the bank, any solicitor your partner ever used, and will registration services. A discovered will changes everything.
- Secure the practicalities — property, vehicles, valuables — and notify banks, pension providers and insurers. Many have bereavement teams that walk you through it.
- Don't rush the big decisions. Very little is as urgent as it feels in the first month. Our checklist of what to do when someone dies puts it in order, and our bereavement support page lists the people who can help you through it.
If you weren't married: be honest about the road ahead
The intestacy rules give you nothing — but the law does offer one remedy. If you lived with your partner as husband and wife for at least two years before they died, or were financially maintained by them, you may be able to claim reasonable financial provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975. This is a court claim, not an entitlement: you will need a solicitor, there are strict time limits (normally six months from the grant), and the outcome is never guaranteed. If this might be you, get advice early.
And when you're ready — protect the people you'd leave behind
You now know, first-hand, what dying without a will does to the people left behind: frozen accounts, rigid rules, and months of uncertainty at the worst possible time. When it feels right — not today, not until you're ready — making your own will is the kindest piece of admin you can do for the people you love. It takes about 15 minutes and costs £35, one-time, with free updates for life and no upsells. It's here whenever you want it.