Fast FAQs

Who looks after my estate if I don't leave a will naming my executors?

If your estate is very small (less than £5,000), your heirs don't need to worry about the formalities: no one will need to apply for probate. But banks and others will usually want to see a sworn statement explaining the situation, and may ask for an indemnity from your beneficiary, before releasing funds. Take advice.
If you have died intestate (ie you haven't left a will), and your estate is worth more than £5,000, then members of your nearest family are entitled to apply to the Probate Registry to administer your estate - to obtain 'Letters of Administration' and become your 'administrators'.

There is a pecking order' - ie your spouse or civil partner is entitled to apply first; failing that children over 18; failing that grandchildren over 18; failing that your parents, brothers or sisters or their descendants; failing that your grandparents, or your uncles or aunts; failing that the Crown, or the Duchy of Cornwall or the Duchy of Lancaster.

The process they have to go through to obtain 'Letters of Administration' is for all practical purposes identical to that required to obtain a Grant of Probate (see question 26, below), and their duties and powers are the same as those of executors. But the fact that they have to sort out who is entitled and wants to apply, adds extra delays to what can in any case be a slow process.

If you die insolvent your creditors have the right to apply for Letters of Administration.

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