Am I a beneficiary?
Someone died without a will: what happens?
Written and reviewed by our experienced team. Last verified against gov.uk on 26 July 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.
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
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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 and children inherit first; if there are none, the estate passes to parents, then siblings, then more distant relatives. GOV.UK sets the exact thresholds.
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.