Losing a loved one is difficult enough without the added stress of managing their estate. When someone dies without a will, the process of handling their affairs can feel overwhelming and can take longer than if a will had been in place.
If you are responsible for managing the estate of someone who died without a will, you might be wondering how long the Estate Administration takes, what steps are involved, and what complications you may face. This article outlines what happens when there is no will and how long the Estate Administration process is likely to take.
What Happens When Someone Dies Without a Will?
When a person dies without a will, they are classed as having died intestate. This means that their estate must be distributed according to the legal rules of intestacy, rather than any personal wishes they may have had.
Before the estate can be managed or distributed, someone must apply for legal authority to act. This is done through an application for a Grant of Letters of Administration, which gives the applicant the legal authority to deal with the estate. The person with the right to apply is determined by the rules of intestacy and can include a spouse, child or sibling,
How Long Does It Take to Complete the Estate Administration Without a Will?
The timeline for administering an estate can vary depending on the size and complexity of the estate, but it can take longer when there is no will. Below is a general overview of what to expect:
Initial steps (1 to 3 months)
Before applying for a Grant of Letters of Administration, certain preparatory tasks need to be carried out. These do not give authority to administer the estate but help gather the information needed for the application. Typical steps include:
- Registering the death
- Identify and valuing all assets and debts
- Locate all individuals who inherit under the intestacy rules
- Gather the necessary documents to begin the application
The application (3 to 6 months)
Once the application is submitted to the probate registry, it can take around 16 weeks or longer to receive the Letters of Administration.
Estate administration (6 to 12 months or longer)
It’s important to note that no one has legal authority to administer the estate until the Grant of Letters of Administration has been issued. Once the Grant is obtained, the administrator can collect the estate, pay any debts and taxes, and distribute the remaining assets to beneficiaries. This stage can take several months or more, particularly if property sales or family disputes are involved.
What Can Delay the Process?
A number of issues can cause delays in obtaining a Grant of Representation where there is no will. These include:
- Disagreements over who should apply to administer the estate
- Difficulty tracing beneficiaries
- Incomplete or missing financial information
- The need to pay inheritance tax
- Claims made against the estate, for example by a cohabiting partner
Is a Grant of Representation Always Needed Without a Will?
A Grant is not always necessary, even when there is no will. Whether you need to apply depends on the type and value of the assets in the estate.
You will likely need to apply for a Grant if:
- The deceased owned property or land in their sole name
- There are significant savings, shares, or investments
- Banks or financial institutions require legal proof before releasing funds
If the estate is small or all assets were held jointly, a Grant may not be needed. It is always worth checking with the relevant institutions to confirm.
How Can a Solicitor Help?
Administering an estate without a will can be complicated, and mistakes can be costly. A solicitor can provide expert guidance throughout the process, helping to:
- Apply for Letters of Administration
- Interpret the rules of intestacy
- Deal with inheritance tax matters
- Resolve any disputes or claims against the estate
- Ensure all legal duties are properly fulfilled
Having professional support can make the process smoother, avoid delays, and give you peace of mind.
Contact Us Today
If you’re dealing with the estate of someone who died without a will, we’re here to help. Our experienced probate team offers clear, compassionate support throughout the process. For more information, call us on 01642 843 667; alternatively, complete our online contact form and one of our Wills and Probate solicitors will be in touch.
Macks Solicitors proudly serve clients across England and Wales, from offices in Middlesbrough, Darlington, Redcar and Stockton-on-Tees.
We can offer appointments at our sister company Watson Woodhouse’s office, located at 111 High Street, Stockton-on-Tees, TS18 1BB.
