Dealing with probate when there’s no will

Probate refers to the process of administering the deceased’s estate. While many people have a will in place to determine how their estate should be divided, there are people who do not have a legal will. This means they have died intestate.

What happens to the estate of someone who has died intestate?

As no official plans have been put into place, the law will decide who should receive your estate, from your money and car to your pets and furniture. 

Intestacy rules can seem unfair, as they don’t take into consideration the dynamics of modern family relationships. Only next of kin are recognised as executors and beneficiaries of an estate. This means many probate cases where there is not a valid will, unmarried couples and step family will receive nothing at all, regardless of how close you were in life.

What do I do if probate without a will is required?

You’ll need to make an application to the Court before the administration of the deceased’s estate can begin. The intestacy rules will determine the beneficiaries, but it can be a long and complicated process, particularly if the family tree is not a straight-forward one.

Because of the intricacies of intestacy laws, probate cases where there’s no will have a greater risk of mistakes being made regarding executors and beneficiaries. This can lead to errors with the distribution of the estate, which each administrator can be held personally liable for in terms of finances, regardless if the mistake was a genuine one.

It’s recommended to seek legal advice and allow a probate solicitor to deal with cases where no valid will is present, as there’s potential for more to go wrong.