Guides

Without a will, there is no executor. Instead, someone must apply to become the "administrator" of the estate.

The order of priority for administrators (Non-Contentious Probate Rules 1987): surviving spouse or civil partner, then children (over 18), then parents, then siblings, then other relatives.

The administrator applies for Letters of Administration through the Probate Registry using Form PA1A. This must be posted — there is no online option for intestate estates.

The application fee is £300 if the estate exceeds £5,000 (free if under). Certified copies of the grant cost £16 each — order 5 to 10.

If married with no children: the surviving spouse or civil partner receives the entire estate.

If married with children: the spouse receives all personal possessions, the first £322,000, and half of the remainder. Children share the other half equally.

If not married: children inherit equally. If no children, it passes to parents, then siblings, then more distant relatives.

Unmarried partners have no automatic right to inherit under intestacy rules, regardless of how long they lived together. They must make a court claim under the Inheritance Act 1975 within 6 months of the grant.

Step-children and foster children are also excluded entirely.

Instead of showing a will and Grant of Probate, you show the Letters of Administration.

Most institutions accept Letters of Administration in the same way as probate.

The process takes longer — typically 8 to 15 weeks for the application alone.

Administrators may also need to provide an administration bond or two guarantors if there are minor beneficiaries.

The estate pays the debts, not the family. If you are not a co-signer or joint account holder, you are not personally liable.

Debt collectors may try to pressure relatives — you are within your rights to refer them to the executor and say nothing else.

Debts are paid from the estate in a specific priority order (Administration of Insolvent Estates Order 1986):

1. Secured creditors (mortgages, secured loans)

2. Funeral expenses (must be reasonable and proportionate)

3. Testamentary and administration expenses

4. Preferential debts (employee wages, some taxes)

5. Ordinary unsecured creditors (credit cards, personal loans, utility bills)

6. Interest on debts

7. Deferred debts (informal family loans)

All debts in one category must be paid before moving to the next. If there is insufficient money within a category, each creditor is paid proportionally.

Joint debts (joint mortgage, joint loan, joint credit card): the surviving borrower becomes solely responsible for the entire balance — not just half.

If you guaranteed someone's debt, you become liable on their death.

Additional cardholders on a sole account are NOT liable — your card is simply cancelled.

Executors who distribute the estate before paying debts can become personally liable for those debts.

To protect yourself: advertise for creditors in The London Gazette and a local newspaper, then wait the statutory two months before distributing anything.

If the estate is insolvent (debts exceed assets), seek legal advice before making any payments.

The lender can sell the property. If the sale proceeds are less than the mortgage balance, the shortfall is an unsecured debt of the estate.

Beneficiaries are not personally liable. A beneficiary can choose to "disclaim" an inherited property in negative equity.

Check for mortgage protection insurance (decreasing term life insurance) first — this may clear the balance.

Joint bank accounts — pass automatically to the surviving holder.

Joint property held as "joint tenants" — passes automatically.

Life insurance written in trust — paid directly to the named beneficiary.

Pensions with a nominated beneficiary — paid directly.

Small bank balances below the institution's threshold.

Each bank sets its own limit. Thresholds are per institution (not per account), so multiple accounts at the same bank are combined. Indicative thresholds:

Barclays: up to £50,000

Lloyds/Halifax: up to £50,000

HSBC: assessed case by case

NatWest: up to £25,000

Nationwide: up to £50,000

Monzo: up to £25,000 (under £100 needs ID only)

Starling: up to £10,000

NS&I: up to £5,000

TSB: up to £25,000

These thresholds can change — always confirm directly with the institution.

Property in the deceased's sole name (or as tenants in common) — always requires probate regardless of value.

Bank or investment accounts above the institution's threshold.

Shares held in the deceased's sole name.

If there is any dispute about the will or estate.

Google: use the Inactive Account Manager (if set up) or submit a request to access a deceased person's account. Google may provide account data but will not give you the password.

Microsoft/Outlook: submit a Next of Kin request through their support form with a death certificate.

Apple: Digital Legacy contacts (if set up in iOS 15.2+) can request access using their access key. Otherwise, Apple typically requires a court order.

Facebook/Instagram (Meta): request memorialisation (account stays visible with "Remembering" badge) or deletion. A legacy contact can manage a memorialised account.

Twitter/X: submit a request to deactivate with a death certificate.

LinkedIn: submit a request to remove the profile.

Cancel recurring payments by contacting each provider or by cancelling the direct debits/card payments.

Common ones to check: Netflix, Spotify, Amazon Prime, Apple subscriptions, gym memberships, magazines, charities, AA/RAC.

Check bank statements and PayPal for any recurring payments you might have missed. PayPal often masks which subscriptions are actually running.

Cryptocurrency is now legally recognised as personal property (Property (Digital Assets etc) Act 2025) and is subject to Inheritance Tax.

Crypto held in a personal wallet (not an exchange) can only be accessed with the private key or seed phrase. Without this, the funds are permanently unrecoverable — no court order can force a decentralised blockchain.

Crypto on an exchange (Coinbase, Binance, etc.): contact the exchange with a death certificate and proof of executor status. They will have a process.

Check for hardware wallets (Ledger, Trezor) or paper backups of seed phrases. Check email for exchange account confirmations.

Contact PayPal with a written request, death certificate, executor ID, and proof of legal authority.

Any balance will be transferred to the estate once verified. Closure cancels linked subscriptions but this can take weeks.

Online-only bank accounts (Monzo, Starling, Revolut) leave no paper trail. Check the deceased's phone for banking apps — this is often the only clue these accounts exist.

Two-factor authentication on the deceased's phone number can lock executors out of everything. Keep the phone active and charged.

Tell Us Once will notify DVLA, which cancels the vehicle tax automatically. A refund for remaining full months is sent to the estate.

If Tell Us Once was not used, post the V5C logbook to DVLA Swansea with a covering letter.

If you want to keep the vehicle on the road, you must tax it in your own name immediately — vehicle tax cannot be transferred between people.

If you need time to decide (e.g. during probate), declare SORN at no cost at gov.uk/make-a-sorn.

The deceased's car insurance becomes invalid immediately on death. Any named drivers on the policy also lose their cover.

Driving the deceased's vehicle without your own insurance is illegal, even briefly. Get short-term cover (Dayinsure, Cuvva) or ask your own insurer about a temporary extension.

A refund of unused premium may be due to the estate.

Complete the "new keeper" section of the V5C logbook (section 6) and send it to DVLA, or use the online service.

If you are keeping the vehicle, re-register it in your name. If selling, the buyer registers and taxes it.

If the vehicle was on finance (HP, PCP, or lease), the vehicle legally belongs to the finance company until the final payment.

Options: the estate settles the outstanding balance and keeps the car, the finance company reclaims it, or voluntary termination under the Consumer Credit Act (if 50% of the total has been paid).

Some finance companies waive early termination fees on bereavement — contact them early.

Check for GAP insurance — this may cover any shortfall between the vehicle's value and the finance balance.

If the vehicle is parked on a public road and not taxed or SORNed, it can be clamped or seized.

If the policy was written in trust, the proceeds are paid directly to the named beneficiaries. They do not form part of the estate.

This means: no probate needed, no inheritance tax on the payout, and faster payment (often within days of the death certificate being issued).

Check the original policy documents for trust wording, or ask the insurer.

If the policy was NOT in trust, the proceeds are paid to the estate.

This means: probate may be required before the insurer pays out, and the payout counts towards the estate for inheritance tax purposes.

Example: a £200,000 payout on an estate already at the IHT threshold. Not in trust = up to £80,000 lost to IHT. In trust = zero tax.

Life insurance pays out on death. Critical illness cover pays out on diagnosis of a specified serious illness during the policyholder's lifetime.

Critical illness cover does NOT pay out on death — this catches many families by surprise.

If someone claimed critical illness cover and received 100% of the benefit, no further death benefit is payable from that policy.

Check whether the deceased had a combined policy (life + critical illness) or standalone.

Check bank statements for premium payments — this reveals which insurer holds the policy.

The Association of British Insurers (ABI) runs a free tracing service for lost policies.

The Unclaimed Assets Register (via Experian) charges £25 per search.

Check with current and past employers — many provide life insurance as an employee benefit (death in service) that the family may not know about.

An estimated £2 billion sits in unclaimed UK life insurance policies.

Defined contribution pensions (workplace schemes, SIPPs, personal pensions): any remaining pot can be passed to nominated beneficiaries. The pension provider has discretion, guided by the member's expression of wish form.

Defined benefit pensions (final salary): there is no "pot" to pass on. A surviving spouse typically receives a dependant's pension (usually 50% of the member's pension). A lump sum death benefit may be payable if the member died before retirement.

Death before 75: lump sums and drawdown payments to beneficiaries are tax-free (subject to the Lump Sum and Death Benefit Allowance of £1,073,100).

Death at or after 75: all death benefits are taxed at the beneficiary's marginal income tax rate.

From 6 April 2027, unused pension funds will be included in the estate for Inheritance Tax purposes, regardless of age at death.

This is a fundamental change that will affect a large number of families who currently use pensions as an IHT planning tool.

If the deceased died before April 2027, the current (more favourable) rules apply.

You may be entitled to Bereavement Support Payment (BSP) if you were married or in a civil partnership and are under State Pension age.

Lump sum plus 18 monthly payments. BSP is not means-tested and is tax-free.

Claim within 3 months for the full amount. You can claim up to 21 months after death, but later claims receive reduced amounts.

This deadline is frequently missed during the chaos of bereavement — set a reminder.

Many employers provide a tax-free lump sum of 2 to 4 times annual salary, paid at the scheme trustees' discretion.

The trustees are guided by the member's expression of wish (nomination form) but are not legally bound by it.

This benefit is usually paid outside the estate (free of IHT) provided trustees have genuine discretion.

Contact the deceased's employer HR department. The benefit must be paid within two years of the scheme being notified.

A sole trader business is not a separate legal entity — it ceases to exist on death. All business assets and liabilities become part of the estate.

Notify HMRC to cancel the self-assessment registration. Complete any outstanding VAT returns.

Close business bank accounts through the normal bereavement process.

Cancel any business insurance, leases, and contracts.

Business debts are personal debts — they are paid from the total estate, potentially consuming assets that beneficiaries expected to inherit.

Under the Partnership Act 1890, a partnership is automatically dissolved by the death of any partner — unless the partnership agreement says otherwise.

An estimated 47% of UK partnerships operate without a written agreement, making automatic dissolution a common problem.

With a proper agreement: the business usually continues, with the deceased's share valued and bought out over time.

Without one: the partnership must be wound up, assets sold, debts paid, and the balance distributed.

The deceased partner's estate remains liable for partnership debts until dissolution is complete.

The company continues to exist — it is a separate legal entity. The deceased's shares pass according to their will or intestacy rules.

If the deceased was the sole director and sole shareholder, the company faces immediate operational paralysis — nobody can legally act until the executor either appoints a new director or obtains probate.

File form TM01 at Companies House to remove the deceased as director. Update the PSC (Persons with Significant Control) register.

Annual accounts and confirmation statements continue to be due regardless of the death.

Check the company's articles of association for pre-emption rights requiring shares to be offered to existing shareholders first.

In Scotland, the equivalent of a Grant of Probate is called "Confirmation".

The executor applies to the Sheriff Court (not the Probate Registry) for Confirmation.

A key legal difference: Confirmation effectively transfers the deceased's assets to the executors. English probate merely confirms the executors' authority — it does not transfer ownership.

Without a will, the executor is called "executor-dative" (roughly equivalent to an administrator in England).

Tell Us Once is available in Scotland and works the same way as in England and Wales.

It also notifies Social Security Scotland for Scottish Government benefits like the Scottish Child Payment.

Scotland has "legal rights" — a surviving spouse and children have an automatic right to a share of the moveable estate (not property), even if the will says otherwise.

A surviving spouse or civil partner has a right to one-third of the net moveable estate (or one-half if there are no children).

This is fundamentally different from England and Wales, where a will can exclude family members.

Cohabiting partners can claim under the Family Law (Scotland) Act 2006 within 12 months of death (extended from 6 months by the Trusts and Succession (Scotland) Act 2024). This is not automatic — it requires a court application.

UK-wide banks accept Confirmation in the same way they accept probate.

For assets held in both jurisdictions, you may need to "reseal" the confirmation in England (or vice versa) — this is simpler than applying afresh.

Tell Us Once is NOT available in Northern Ireland. You need to notify each government department separately.

Instead, there is the Northern Ireland Bereavement Service (Freephone 0800 085 2463) which handles social security and state benefits notification only.

All other departments and organisations must be contacted individually.

Applications are made to the Probate Office in Belfast or the District Probate Registries — by appointment.

The threshold at which probate may be required is £10,000 in Northern Ireland (compared to £5,000 in England).

There is no online application route in Northern Ireland.

Northern Ireland uses the same intestacy rules as England and Wales (not Scottish rules).

UK-wide banks and building societies accept Northern Ireland grants in the same way.

Local credit unions are common in Northern Ireland — contact them directly.

For DVLA matters, Northern Ireland has its own Driver and Vehicle Agency (DVA) — DVLA Swansea does not apply.