Phase 3 · First month

Where there is no will

Work out who has the right to administer the estate.

Only certain relatives can apply, in a fixed order, and everything else waits on that.

How long it takes
An hour to understand; weeks to apply
Typical cost
Free to check
What you need before you start
  • A family tree of the closest surviving relatives

The rules of intestacy set a strict order: spouse or civil partner, then children, then parents, siblings, and so on. Unmarried partners inherit nothing automatically.

The person who applies is called an administrator rather than an executor, and applies for letters of administration instead of a grant of probate.

If the estate is complicated, or the family disagrees, this is the point where an hour with a solicitor saves months.

Next stepValue the estate

General information, not legal advice. Last reviewed 19 August 2026 by Simon D Campbell. Applies to England and Wales.