Last month, we looked at the process of probate – the legal right to handle someone’s money, property and possessions after their death – and what happens when the person who has died has made a Will.
But what happens when there is no Will in place?
Can I apply for probate if the person who died didn’t make a Will?
Instead of applying for a Grant of Probate, the most “entitled” person can apply to the Probate Registry for Letters of Administration, giving them the authority to become the administrator of the estate and the right to inherit all or part of it.
The most “entitled” person is the closest living relative (“next of kin”) to the person who has died, ordinarily their husband, wife or civil partner, followed by children aged 18+. Unmarried partners cannot apply, nor can step-children.
The government’s inheritance checker will tell you who the closest living relative is where there are no spouses or children, or if you just want to check that the right person is making the application.
What’s the difference between a Grant of Probate & Letters of Administration?
Both are very similar in practice, giving the applicant the legal right to handle the estate of a person who has died.
A Grant of Probate is given to executors named in a Will. Where there’s no Will, a Letter of Administration is given to the next of kin, who becomes the administrator of the estate.
What information do I need for my Letters of Administration application?
Before you apply, you’ll need to get an estimated valuation of the estate’s assets, as well as debts owed.
You should also check whether probate is needed in order for you to administer the estate. For example, probate may not be necessary if the person who died only had savings, or owned shares, money or property jointly with others. Financial institutions each have their own requirements, so check with them before you apply.
Having estimated the value of the estate beforehand, you must report the estate to HMRC and start paying Inheritance Tax, or have received correspondence from HMRC, before you apply for a Letter of Administration.
How long does it take for Letters of Administration to be granted?
It can often take between 6-12 months to apply for Letters of Administration and to complete the probate process, depending on how complex the estate is, how quickly you can gather together the necessary information, and whether there are any disputes to navigate.
Where someone dies without a Will, this process is more complicated. For example, you may need to search for possible Wills or track down relatives.
Who inherits an estate where there is no Will?
Where there is no Will in place, probate and inheritance is governed by the rules of intestacy, which may not reflect the wishes of the person who has died.
Intestacy rules are based on a person’s family tree, and do not take into account relationships such as unmarried partners or step-children.
It’s therefore essential to make a Will if you want your partner – or anyone else important to you – to inherit from your estate if you’re not married or in a civil partnership.
How much does it cost to apply for Letters of Administration?
This depends on the value of the estate, but for estates valued over £5,000 the fee is £300.
This fee doesn’t include any legal fees charged by your probate solicitor, if instructed.
Looking for legal advice in respect of probate or Letters of Administration? Adroit’s expert legal panel will be happy to offer you a free 30-minute consultation and a fee quote based on our discounted rates. Just get in touch and ask for a referral.
A Will makes sure your estate benefits only those you choose
A Will makes life easier for those you leave behind, and means you choose who benefits from your estate – not the rules of intestacy.
Not only will you have protected their interests, particularly if you live with a partner you’re not married to, or where you have dependents, but by making some difficult decisions for them – such as setting out what is to happen to your estate after you die, who is to manage your estate and what is to happen if any executors die before you – you’re helping them through what is likely to be a challenging time.
This article has been prepared by Adroit Legal Services and is not intended to constitute legal advice.
—
Practical bereavement support from the National Bereavement Service
The National Bereavement Service supports anyone who has experienced a bereavement, including sudden or traumatic bereavement, with practical and emotional information and advice from professional bereavement advisors with real, lived experience.
We help you to comply with legal requirements, signpost you to providers such as funeral directors and solicitors, and provide a listening ear that helps you through a very difficult time.
For personal, confidential, and practical help following a bereavement, or for advice when planning your future, call the NBS on 0800 0246 121 or visit www.thenbs.org
—
Trusted legal support for your people by Adroit Legal Services
Established in 2015, Adroit connects your people and your customer base to quality-assured, affordable and accessible legal services from trusted and experienced experts.
Legal specialists throughout the UK are tried and tested, delivering honest advice whatever stage of life you’re at to protect your interests, family and wellbeing.
Adroit’s panel of advisors, including probate, Will writing and estate planning specialists, offers a free initial consultation and discounted rates to make legal services accessible to everyone that’s important to your organisation.
Contact Adroit Legal Services to find out how we help our clients to protect their peoples’ wellbeing with access to quality-assured, great value legal services.
