Am I a beneficiary?
Someone died without a will: what happens?
Written and reviewed by our experienced team. Checked against GOV.UK and the sources listed at the end on 15 September 2026. ProbateCheck is an independent service, not a law firm.
If someone dies without a will in England and Wales, their estate passes under the rules of intestacy, and a grant of letters of administration is issued to the closest relative. The rules set a fixed order of who inherits, starting with a surviving husband, wife or civil partner and children. You can check whether a grant has been issued by searching the probate records.
The order of inheritance
The rules of intestacy decide who inherits, in a set order. A surviving husband, wife or civil partner comes first, together with any children. If there is no spouse or civil partner, the estate passes to children, then to parents, then to brothers and sisters, and so on down the family. The exact thresholds (how much a spouse takes before children share the rest) are set by GOV.UK: see who inherits if someone dies without a will for the current figures.
The statutory legacy: £322,000
Where the person left a husband, wife or civil partner and children, the spouse or civil partner takes the personal chattels, a fixed sum of £322,000 (the statutory legacy for deaths on or after 26 July 2023, set by the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023) with interest from the date of death, and half of whatever is left; the children share the other half. With no children the spouse or civil partner takes everything. With no spouse or civil partner, the children take everything, then parents, then brothers and sisters, under section 46 of the Administration of Estates Act 1925. The previous figure was £270,000. Checked 15 September 2026.
Letters of administration, not probate
With no will there is no executor, so instead of a grant of probate the court issues letters of administration to the closest entitled relative. This still appears in the public probate records.
Check whether a grant has been issued
Search the probate records by name and year. If letters of administration have been granted, you will find the record and can order a copy for £16.
Let us do the whole search, £29 all in
We search every name variation across the correct index years, obtain the grant and the will, lodge a standing search if no grant exists yet, and explain it all in plain English. Government fees included.
Start with a free checkFrequently asked questions
Who inherits if there is no will?+
The rules of intestacy apply. A surviving spouse or civil partner takes the personal belongings, the first £322,000 (for deaths on or after 26 July 2023) and half of the rest, with the children sharing the other half; if there is no spouse the children inherit, then parents, then brothers and sisters.
What is the statutory legacy in 2026?+
£322,000, the fixed net sum set by SI 2023/758 for deaths on or after 26 July 2023 (it was £270,000 before). It applies only where there is a surviving spouse or civil partner and children.
Is there still a grant if there is no will?+
Yes. Instead of a grant of probate, the court issues letters of administration to the closest entitled relative. It appears in the public probate records like any other grant.
Sources checked for this guide
- The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023, SI 2023/758 (in force 26 July 2023) (read 15 September 2026)
- GOV.UK, Intestacy: who inherits if someone dies without a will (read 15 September 2026)
- GOV.UK, Applying for probate: if there is not a will (read 15 September 2026)