Dealing with a loved one’s estate without a will: What Shropshire residents can do

Just over half of adults aged 50-64 and almost a quarter of those aged 65 and over don’t have a will. 

So, what can you do if a loved one passes away without one in place? 

MoneyHelper is a great first port-of-call for free and impartial guidance. West Midlands money expert, Dawn Cummins, provides guidance on what to do, with steps that aren’t as complicated as you might think. 

 1. Apply for a Grant of Representation 

Someone who dies without a will is known as ‘dying intestate’, which can make sorting a will more complex, as the law decides who inherits what according to certain criteria. 

A relative or friend willing to sort the estate can apply for a ‘grant of letters of administration’ - also known as a Grant of Representation. 

This makes them the ‘administrator’ of the person’s property, money, and possessions (otherwise known as their estate), and allows them to handle matters around it. 

 2. Apply for probate 

Probate is the legal right to deal with someone’s estate when they die. 

You need to apply for it by making copies of important documents including: a death certificate, a birth certificate, and a marriage or civil partnership certificate if applicable. 

Attach copies of these documents the probate forms at gov.uk. 

Use these forms to set out how much their estate is worth. You should include: 

• Any gifts the person gave away in the seven years before they died 

• How much debt they have 

• How much the estate is worth once debts are paid 

• Whether any assets were jointly owned 

3. Contact organisations who hold the assets 

Once you’ve valued the estate, you can apply for probate online or by post for a small fee, depending on the value of the estate. 

When you have probate, you can then contact the organisations that hold the person’s assets, such as bank(s) and pension provider(s). 

Before they give you access to the accounts and release the assets, they’ll ask for a copy of the probate or confirmation letter.

4. Collecting the assets 

Once you have access to the assets, it can be helpful to open a separate bank account for the estate, to avoid confusing it with your personal account. 

Once you’ve got the value of the estate in one place, you’ll need to work out how much inheritance tax is due. 

You can find out more about how to calculate this using the free guide on MoneyHelper. 

5. Distributing the estate 

After you’ve paid the debts and taxes, you must distribute the estate according to the intestacy rules. 

6. Seek support 

You may want to consider working with a solicitor or an accountant who specialises in probate. 

You can also visit MoneyHelper for free guidance on understanding wills, help with writing your own will and general impartial money guidance.