When someone dies, their family often assumes that their estate will automatically pass to their closest relatives. Unfortunately, this isn't always the case.

If someone dies without leaving a valid Will, they are said to have died intestate. Instead of following their personal wishes, their estate must be distributed according to the Rules of Intestacy.

For many families, this can make an already emotional time even more stressful. Questions quickly arise about who inherits, who can administer the estate and what happens if family members cannot be located.

In this guide, we'll explain everything you need to know about intestacy in England and Wales, including who inherits, how the process works and why professional support can make a significant difference.

What Is Intestacy?

Intestacy occurs when someone dies without a legally valid Will.

Rather than following the deceased's wishes, their estate is distributed according to the Rules of Intestacy, which set out who is entitled to inherit and in what order.

It's important to remember that the rules differ across the UK. This article relates to England and Wales.

If you're unfamiliar with the probate process itself, you may also find our guide to Probate & Estate Administration helpful.

Learn more about Probate & Estate Administration

Does Everything Form Part of the Estate?

Not always.

Some assets pass automatically outside the estate, including:

• Jointly owned property (depending on ownership)
• Joint bank accounts
• Certain pension benefits
• Life insurance policies held in trust

Everything else generally forms part of the estate and must be administered before distribution.

Who Can Administer the Estate?

When there is a Will, the named executor usually administers the estate.

When there isn't a Will, there is no executor.

Instead, an eligible family member applies for Letters of Administration, giving them legal authority to deal with the estate.

The person appointed is known as the administrator, and their responsibilities are very similar to those of an executor.

They will usually need to:

• Identify all assets and liabilities
• Value the estate
• Apply for Letters of Administration
• Pay debts and taxes
• Identify beneficiaries
• Distribute the estate correctly

Who Inherits Under the Rules of Intestacy?

The Rules of Intestacy determine who inherits based on family relationships.

Married or Civil Partners

A surviving spouse or civil partner is often entitled to inherit all or part of the estate, depending on whether there are surviving children or other close relatives.

It's important to note that unmarried partners, regardless of how long they have lived together, do not automatically inherit under the Rules of Intestacy.

This often comes as a surprise to many families.

Children

Children usually inherit where there is no surviving spouse or after the spouse's entitlement has been satisfied.

This includes legally adopted children.

However, stepchildren do not automatically inherit unless they have been legally adopted.

Grandchildren

Grandchildren may inherit if their parent (the deceased's child) has already died.

Parents

If there is no surviving spouse, civil partner or children, surviving parents may inherit.

Brothers and Sisters

Where there are no closer relatives, brothers and sisters may inherit.

If a sibling has died, their children may inherit in their place.

More Distant Relatives

If no immediate family survives, entitlement may pass to:

• Half-siblings
• Grandparents
• Aunts and uncles
• Cousins in certain circumstances

The order of entitlement can become surprisingly complex.

What If No Family Can Be Found?

Sometimes no obvious relatives can be identified.

This is where genealogy becomes essential.

Professional researchers may need to reconstruct a family tree stretching back several generations to establish who is legally entitled to inherit.

Research may include:

• Birth, marriage and death records
• Census information
• Electoral registers
• Probate records
• Overseas archives
• Historical family records

At Harrisons, our experienced genealogy team regularly assists executors and solicitors with identifying beneficiaries in intestate estates.

Find out more about our Genealogy & Family Research services

Why Intestacy Often Delays Estate Administration

Intestate estates are frequently more complex than those where a valid Will exists.

Administrators may need to:

• Establish the correct family tree
• Locate beneficiaries
• Obtain additional documentation
• Verify entitlement
• Resolve conflicting family information

Each of these steps takes time and can delay the administration of the estate.

If you'd like to understand the wider probate timeline, read our guide:

How Long Does Estate Administration Take in the UK?

What If Beneficiaries Cannot Be Found?

Sometimes administrators know someone should inherit but have no idea where they are.

Perhaps contact was lost years ago, the beneficiary emigrated or the family simply doesn't know how to trace them.

Distributing an estate before reasonable efforts have been made to locate every entitled beneficiary can expose administrators to unnecessary risk.

Professional beneficiary tracing helps establish whether every entitled person has been identified before distribution.

Read our guide: What Happens If You Can't Find All the Beneficiaries of an Estate?

What About Hidden or Forgotten Assets?

Intestate estates can also involve uncertainty regarding the deceased's finances.

Family members may know very little about:

• Historic bank accounts
• Savings
• Investments
• Premium Bonds
• Life assurance policies
• Pensions

Professional Verafi Asset Searches can help identify potential financial assets, providing greater confidence that reasonable enquiries have been made before distribution.

Learn more about our Asset Search services

What Happens to the Property?

If the estate includes a property, administrators become responsible for protecting it throughout the administration process.

This may include:

• Securing the property
• Arranging inspections
• Maintaining insurance
• Organising clearance
• Preparing the property for sale

An empty property can quickly become one of the most demanding aspects of administering an estate.

Find out how our Property Services can help

Can an Administrator Get Help?

Absolutely.

Many people assume they must manage the entire process alone.

In reality, administrators often seek professional support for:

• Genealogy
• Beneficiary tracing
• Asset searches
• Property management
• Executor and administrator guidance

Our EstateCare service provides practical support throughout estate administration, helping families navigate what can often feel like an overwhelming process.

Discover EstateCare

Frequently Asked Questions

Does a spouse inherit everything if there is no Will?

Not always.

The Rules of Intestacy determine how an estate is shared depending on the surviving family members.

Do unmarried partners inherit?

No.

Unmarried partners do not automatically inherit under the Rules of Intestacy, regardless of the length of the relationship.

Can stepchildren inherit?

Not automatically.

Unless legally adopted, stepchildren have no automatic entitlement under the Rules of Intestacy.

What happens if no relatives can be found?

Professional genealogy may be required to identify entitled beneficiaries.

Where no entitled relatives exist, the estate may ultimately pass to the Crown as bona vacantia.

Do I need Probate if there is no Will?

Many intestate estates still require Letters of Administration, which perform a similar function to Probate by giving the administrator legal authority to deal with the estate.

How Harrisons Can Help

Administering an intestate estate can feel daunting, particularly where there are questions about family relationships, missing beneficiaries or unknown assets.

At Harrisons Private Client Solutions, we provide practical support that complements the legal administration of an estate.

Our services include:

• Genealogy & Family Research
• Beneficiary Tracing
• Verafi Asset Searches
• Estate Property Services
• EstateCare
• Probate & Estate Administration Support

Whether you're administering an estate yourself or supporting a family member, we're here to help every step of the way.

Need Help with an Intestate Estate?

If you're dealing with an estate where there is no Will, you don't have to navigate the process alone.

From identifying beneficiaries and locating hidden assets to managing estate properties and providing practical executor support, Harrisons Private Client Solutions is here to help.

Our experienced team works with families, executors and private client professionals across England and Wales to make estate administration as straightforward as possible.

Contact us today to discuss your circumstances and discover how we can support you.