In you pass away with no Will, the process of probate is a little bit more complicated.

Firstly, a Will typically confirms who the Executor will be. If there’s no Will, there’s no-one ready and waiting in that role.

The closest living relative will be able to take the role, although they can’t be called an Executor (because there’s no Will). Instead, they are known as the ‘Administrator’. Despite the difference in name, the role is identical to that of an Executor.

The Administrator can’t obtain a Grant of Probate (again, this is only relevant for Executors and Wills). They will apply for ‘Letters of Administration’. You won’t be surprised to know that in practice a Grant of Probate and Letters of Administration achieve the exact same outcome: they give the Executor / Administrator permission to manage and organise the Estate.

Once the Letters of Administration have been obtained, because there isn’t a Will, the Administrator will have to use the ‘Rules of Intestacy’. These rules are instructions for ‘who receives what’. 

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Article written by Chris McCrudden, Solicitor, specialising in LPA Law at our Preston, Lancashire office.

If you want help obtaining Letters of Administration or need some free initial advice, reach out to us at 01772 37 44 75 or use the calendar below to book an appointment with Chris McCrudden, our expert Probate Law Solicitor.