What Happens if There is no Will?

When someone dies, their estate (made up of their possession, property, money and investments) needs to be dealt with. This is estate administration. To understand how the probate stage of estate administration will happen, depends on if there is a Will.

What happens if someone dies and there is no Will?

When someone has passed away without a Will, they are dying intestate. Then, the rules of intestacy will apply to their estate. This will dictate who will manage the estate.

To do this, someone, most likely the next-of-kin, may need to apply for probate. This will give them authority to manage the estate with the probate registry. This is granted by what’s called a Grant of Letters of Administration.

If no relatives can be identified, the estate becomes “bona vacantia” and the estate passes to the Crown. 

Learn more on when probate is required.

You should seek legal advice from a probate solicitor if there is no Will. With no Will, there may be complications, and it can make the estate administration process more complex.

What are Letters of Administration?

A grant of letters of administration is a document issued by the probate registry. This grant will allow them to become the Administrator of the Estate. This will give them the power to manage a deceased’s estate. They then will also be responsible for distributing the estate to the beneficiaries according to rules of intestacy.

When is a Grant of Letters of Administration needed?

A Grant of Letters of Administration won’t always be needed to manage an estate.

You will always need a Grant of Letters of Administration to deal with a property owned in the sole name of a person. It’s also usually needed when there are large amounts of money in the estate.

If someone needs the grant, then without it, no one will be able to access assets. This means that no one can close bank accounts or sell property.

Learn more on when probate is required.

The duties of an Administrator

If you take on the responsibility of becoming an Administrator of an Estate, you may find it daunting. Probate and estate administration is complex, confusing and time consuming.

Your duties as an Administrator could include:

Legal Responsibilities

– Applying for probate.

Tax Responsibilities

– Dealing with and paying any inheritance tax.

– Dealing with any Income Tax and Capital Gains Tax.

Estate Administration

– Finding the Will.

– Value all assets in the Estate.

– Contacting all beneficiaries named in the Will.

– Search for any missing or unclaimed assets.

– Transfer property and cash based on instructions left in the Will.

– Pay any debts and liabilities.

– Dealing with life insurance.

– Closing bank accounts.

– Locate any hard-to-reach family members.

– Distribute assets to beneficiaries based on instructions left in the Will.

Our estate administration solicitors can help you with managing an estate. The main benefit of having a solicitor for an estate is that they make the process easier. They help reduce stress and ensure you get the best outcome possible.

How long does it take to get a Grant of Letters of Administration?

This depends on how complex the estate is. Situations which may have an impact on the length of time are:

– If beneficiaries need tracking down.

– If the deceased had a spouse.

– If the deceased had children.

– The value of the estate.

– If inheritance tax needs to be paid.

A probate solicitor can ensure that the grant application is carried out correctly, efficiently, and stress-free.

What is the difference between an Executor and an Administrator?

An Executor is someone nominated by the person who died to manage the estate. They are named in a Will. They usually need to apply for a Grant of Probate to get authority.

An Administrator is chosen by the courts to manage an estate. This happens after they apply for a Grant of Letters of Administration.

The roles, duties and responsibilities of an Executor and Administrator are very similar.

What if there is more than one Person equally entitled to become an administrator?

If more than one person can manage an estate, those who do not want to be involved do not need to act. It gets complicated when people who have the same right to get a Grant of Letters of Administration disagree.

The courts ultimately can decide who will become the administrator. They can even decide a third party would be more suited to manage the estate.

In this scenario, it’s advised to seek legal advice from a probate solicitor.

Services Offered by Our Estate Administration Solicitors

If you are an Administrator, our estate administration solicitors can help you manage an estate by:

– Tracking down a Will.

– Dealing with probate and dealing with all Grant of Representation paperwork.

– Advise on and pay inheritance tax.

– Advising you regarding the terms of the Will.

– Providing advice and information to you regarding your responsibilities as a personal representative.

– Obtaining valuations of the assets and liabilities, including any debt, in the estate.

– Dealing with a complicated estate where there is no Will.

– Dealing with complex arrangements in a Will, such as assets held in a Trust.Dealing with foreign assets in an estate.

– Deal with any business ownership or interests.

– Deal with any investments.

– Encashing the assets and paying any liabilities out of estate funds.

– Work with Tracing Agents and locate hard to reach family members.

– Distributing the estate based on the instructions in the Will.

The main benefit of having an estate administration solicitor is that they make estate administration easier. They help reduce stress and ensure you get the best outcome possible.

Howells Solicitors have a strong record of great service and positive client feedback. We rank as one of the top law firms in South Yorkshire for estate planning solicitors on Review Solicitors. We also rank as one of the top law firms for estate planning solicitors on the Three Best Rated website.

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