Dying without a valid Will is called dying intestate. It does not bring the probate process to a halt, but it does change who administers the estate, how it is distributed, and which forms are used.
No named executor
Without a Will, there is no named executor. Before anyone can deal with the estate, a qualifying family member must apply to the Probate Registry for a Grant of Letters of Administration.
Who can apply as administrator?
The priority order broadly follows the Rules of Intestacy: a surviving spouse or civil partner first, then adult children, then other relatives. Unmarried partners have no automatic right to apply without a Court order.
How the estate is distributed
The estate is distributed in accordance with the Rules of Intestacy. Verbal wishes cannot direct the distribution, only a valid Will can do that.
The probate process without a Will
The application uses form PA1A rather than PA1P. The process is otherwise broadly similar: value the estate, complete the IHT400, submit the PA1A to the Probate Registry with the death certificate and fee, and await the grant. YouCanDoProbate supports intestate estates fully.
