Telephone 020 8951 6959

What Happens if Someone Passes Away Without a Will

21 Jul 2021
What Happens if Someone Passes Away Without a Will

Posted in Wills

If someone dies without a will, they are known as a person who has died intestate. This can be incredibly stressful for the people left behind as organising the estate can take longer than usual. However, the process is not difficult to manage, and with our guide, you will know exactly what needs to be done.

Who Takes the Lead in Sorting Out the Estate?

Dying without a will means that the law will decide who inherits the estate. The rules that govern this decision are called intestacy rules and are based on the family history of the person that has died.

If there is someone who is willing and able to sort the estate, they can complete an application to become the estate administrator. Doing this means that they can then value the estate and clear any debts before dividing the estate between any inheritors. They will be guided by the intestacy rules so that all heirs are treated fairly. However, if the person does not have any living relatives and dies without a will, their estate will pass directly to the Crown.

Applying for Probate Without a Will

When a will does not cover an estate, it can be difficult to work out the assets and how to distribute them fairly. In these cases, it is wise to instruct wills and probate solicitors who can help to arrange the intestacy and resolve any difficult queries quickly and efficiently.

Whilst using inheritance solicitors is a sensible decision when someone has died intestate, you will need to take the time to find one that has the experience you need. Contact any firm that you think could help and ask them about their experience and fees before choosing which one to instruct.

Administer the Estate Yourself and Save Money

It’s no shock to learn that solicitors dealing with wills can charge a lot of money to complete the administration on your behalf. However, you can choose to engage a solicitor for part of the work whilst taking on any aspect you are confident with yourself. Some of the key things that will require the support of an expert include checking probate applications, making plans for the estate distributions, helping to understand intestacy laws and working out what assets are part of the estate.

Understanding the Required Legal Paperwork

Before you can apply for probate on an estate, you will need to source the required paperwork ready for your legal representative to use. The main items of documentation you will need include:

  • Death certificate
  • Birth certificate
  • Marriage or Civil Partnership certificate (if applicable)

Failing to supply these document will result in your probate application being stalled, as without them, you will be unable to prove your claim. Without a claim, you will not be able to access the deceased’s estate and any accounts, insurance, or other financial investments they may have held.

The next step in your application will be to get the estate properly valued with the support of a probate expert. They will work to gain an insight into every asset the deceased had a claim to and provide a clear valuation for the probate grant application.

Finally, you will need to work out how much the Inheritance Tax will be when you have a total estate value. For example, if the estate is valued at over £325,000, then Inheritance Tax will be due and must be paid within six months of the person’s death.

Submitting Your Probate Application

When you have all the required information in place, you can then submit your probate application. Your legal representative can do this for you and will help you with filling out the forms that are required. Probate rules vary depending on the part of the UK you live in, making it even more important to find the right legal support to submit everything correctly and on time.

Encourage Your Loved Ones Engage with Will Making Solicitors

If you want to avoid the issues that come when a person dies without will, then it is time to get yours in order. There are many will writing solicitors all over the country, and the process is simple and affordable. In addition, by arranging your will, you will be saving your loved ones from experiencing additional pressure and strain during an already emotional time.

If you need will writing services London or advice on probate or inheritance no will, Pindoria Solicitors are here for you. Our experienced team of legal professionals will work with you for making your will and provide advice when you need us the most. So call today to get started.