How to Administer an Estate When Your Loved One Died Intestate

• Posted onMarch 9, 2026

How Do You Administer an Estate If There Is No Will?

When someone dies without a Will, they have died intestate. This means the rules of Intestacy must be followed, and as there is no executor, a suitable relative must apply to the court for Letters of Administration to deal with the estate. The process involves identifying the correct heirs, valuing assets, paying debts and tax, and distributing the estate according to strict legal rules.

This guide explains the additional steps involved and reassures you that administering an intestate estate is manageable with the right support.

Who Can Apply to Administer an Intestate Estate?

When there is no Will, the law sets out a clear order of priority for who can apply to become the administrator:

1. Spouse or civil partner
2. Children
3. Parents
4. Siblings
5. More distant relatives

Only one or more people with equal entitlement should apply. Disputes can arise if multiple relatives believe they should take responsibility.

What Are Letters of Administration?

Letters of Administration are the legal document that gives an administrator authority to:

• Collect assets
• Access bank accounts
• Sell property
• Pay debts and tax
• Distribute the estate

Without this document, it is possible that some organisations will not release estate assets. You also cannot sell property or shares without this.

Step-by-Step: How to Administer an Intestate Estate

1. Register the Death and Gather Information

Obtain the death certificate and compile details of assets, debts, and family relationships.

2. Identify the Legal Beneficiaries

Only those entitled under the intestacy rules can inherit. Unmarried partners and stepchildren are not automatically included.

3. Value the Estate

This includes property, savings, investments, pensions, and personal possessions, minus liabilities.

4. Submit Inheritance Tax Forms

Even if no tax is due, it is possible that forms need to be submitted to HMRC before applying for the grant, depending on the value of the estate.

5. Apply for Letters of Administration

The application is made to the Probate Registry and includes declarations of entitlement and estate value.

6. Pay Debts and Distribute the Estate

Debts and tax must be settled before beneficiaries receive their inheritance.

What Makes Intestate Estates More Complicated?

Administering an estate without a Will often involves:

• Additional paperwork
• Family disagreements
• Difficulty proving entitlement
• Delays in distribution

Mistakes can lead to personal liability for the administrator.

Legal Support Makes the Process Simpler

If you are administering an intestate estate, legal advice can reduce stress, avoid errors, and ensure the estate is distributed correctly. Our Private Client team can guide you through every stage or step in where needed.

For expert advice on wills, power of attorney and probate, you can contact WSP Solicitors’ local offices, servicing the whole of Gloucestershire, including; Gloucester, Stroud, Cheltenham, Tewkesbury or the Forest of Dean, or use the enquiry form on this page to request a callback.