If your elder relative has died without leaving a valid will, they are said to have died intestate.
In England and Wales, when a person dies intestate, their estate must be dealt with under the statutory rules of intestacy.
Instead of probate – that is, the validation of a deceased person’s will in court – being granted to executors, a close relative must apply for a Grant of Letters of Administration. The person – who is usually spouse, civil partner, or child aged 18+ – appointed then becomes administrator of the estate.
In this article, we’ll look at who can apply to become the administrator of the estate, the administrator’s responsibilities, and how assets are distributed.
Order of entitlement
There is a set legal order of entitlement that determines who can apply. The typical order is as follows:
– Spouse or civil partner
– Children (including legally adopted children) aged 18 or over
– Grandchildren
– Parents
– Siblings
An individual who is highest in the order – and is willing and able to act – will usually apply for the Grant of Letters of Administration.
When there are several individuals at the same level – which often happens with multiple adult children) – the two main options are to a) apply jointly or b) agree that one person will act on behalf of the others.
A notable exclusion from this list is unmarried partners – also known as unmarried partners – who have no automatic right to apply, even if they have lived with the deceased for a long period of time.
Importantly, unmarried partners (cohabitees) have no automatic right to apply, even if they lived with the deceased for many years. This often comes as a surprise and can create additional legal complications.
The administrator process
The administrator’s responsibilities include identifying and valuing the estate’s assets and liabilities, applying for the Grant of Letters of Administration, paying any outstanding debts and taxes, and distributing the remaining estate in accordance with the rules of intestacy.
The rules of intestacy
Intestacy rules in England and Wales state that if the deceased leaves a surviving spouse or civil partner and children, a spouse will typically inherit the initial £322,000 of the estate and all personal possessions, plus half of the remaining balance.
The children share the other half equally. If there is no spouse, the estate passes to children in equal shares.
At Bennett Smith Solicitors, our wills and probate solicitors in North Wales located families on applying for Grants of Letters of Administration and navigating intestacy rules. Call us today on 01248 671994 to learn more.
