No will
Probate without a will: who applies and who inherits?
When someone dies without a valid will, the law determines who inherits and who has priority to administer the estate. These are related questions, but they are not interchangeable.
Letters of administration
The grant is usually called letters of administration. Check the legal order of entitlement before applying. Being the person organising the funeral or holding the paperwork does not itself give priority. A spouse or civil partner and other relatives may have rights under that order.
Intestacy is not an equal split between everyone
The distribution depends on the surviving relationships and the law applicable to the estate. Use the official intestacy checker as a starting point. Do not assume all children and a surviving spouse divide the estate equally, or that an unmarried partner automatically inherits.
Joint ownership, trusts and assets outside the estate may also affect what is available to distribute. Identify the assets and surviving relationships before promising anyone a share.
The paper application
For a postal application where there is no will, use PA1A and the current guidance. You still need estate values and any required Inheritance Tax reporting. Do not choose PA1A simply because the original will cannot be found; a lost will is a different problem.
When to get advice
Get advice where there are competing applicants, uncertain relationships, children under 18, overseas assets or a person who depended financially on the deceased. A potential financial-provision claim is distinct from entitlement under the intestacy rules and may involve a short deadline.
England and Wales. Sources checked 15 September 2026. General information, not advice on your circumstances. Fees, forms and the law can change; check the linked official source before acting. Other jurisdictions have different rules.