Applying for Probate Without a Will
If a loved one has recently passed away, you’re likely wondering what your next steps are. In most cases, you will still need to apply for probate.
This is called a Grant of Letters of Administration and allows you to legally manage someone's estate after death. Continue reading to learn more about managing probate without a Will.
Do You Apply for Probate Without a Will?
When there is no Will, you must apply for a Grant of Letters of Administration. When there is a Will, you must apply for a Grant of Probate. While applications differ, the two are similar, permitting you to handle a deceased person's estate.
What is a Grant of Letters of Administration?
A Grant of Letters of Administration is a legal document granting an individual permission to manage the estate belonging to the deceased. It’s very similar to a Grant of Probate, and the two provide access to manage someone's affairs after they die.
A Grant of Letters of Administration is in place to help those trying to manage someone's assets without a Will. If granted legal authority through a Grant of Letters of Administration, you will be known as the administrator (rather than an executor of a Will).
Grant of Letters of Administration vs Grant of Probate
A Grant of Probate and a Grant of Letters of Administration are not the same. Let’s take a look at the key differences.
| Grant of Letters of Administration | Grant of Probate |
|---|---|
| Used when there isn’t a valid Will | Used when there is a valid Will |
| Next of kin usually applies | The executor usually applies |
| Granted by the law | Granted by using information from the deceased's Will |
| Allows an administrator to manage assets | Allows an executor to manage assets |
| Assets distributed according to intestacy laws | Assets distributed according to the Will |
Who Can Apply for a Grant of Letters of Administration?
Only certain individuals can apply for a Grant of Letters of Administration:
- Spouse/Civil partner
- Children (over 18)
- If there is no surviving spouse/civil partner or children, the Intestacy Rules set out who else may apply.
Only the most entitled people to the deceased's estate can apply when no Will is present. Unfortunately, this means that partners of the deceased cannot apply unless they were legally married at the time of death.
How to Apply
If the deceased hasn't left a Will, you must apply to become the administrator of the estate via the Probate Registry. Following a similar process to applying for a grant of probate, you must follow a few steps to complete your application:
- Gather relevant documents for your application
- Fill in the PA1A form (this is applicable when there's no Will)
- Send your application and wait to be granted (this can take up to 12 weeks)
Please note that the timeframe for a Grant of Letters of Administration can vary depending on whether the Probate Registry receive all the information they require.
What Does the Law Decide Without a Will?
When someone dies without a Will (known as dying intestate), the law decides how assets will be distributed. While this may seem frustrating to some, this has to happen when there’s no Will to refer to. If the deceased:
- Was married - The spouse inherits all possessions and the first £322,000 of the estate.
- Had children - Anything above £322,000 is split between the spouse and children.
- Had no children - The spouse will inherit everything.
- Wasn't married or had no children - The estate will go to other close relatives in accordance with the intestacy rules (parents, siblings, etc)
If the deceased has no living relatives, the estate will go to the Crown.
Key Takeaways
- Dying without a Will is known as dying intestate
- You don’t apply for a Grant of Probate without a Will, instead, you apply for a Grant of Letters of Administration
- A Grant of Letters of Administration is a legal document granting an individual permission to manage the estate
Expert Assistance at Difficult Times
At Bell Lamb & Joynson, we have a dedicated team of legal experts on hand to assist you. From dealing with probate to understanding a Grant of Letters of Administration, we can guide you through the next steps after a loved one dies - with or without a Will.
We can also help if you wish to create a Will and avoid family members having to deal with your estate through the rules of intestacy. Rely on our team today for support, guidance, and advice at the most difficult times.
To discuss our services further, please contact our team today.