What to Do When a Parent Dies Without a Will: A Step-by-Step Guide

Please note: this guide applies to the rules for intestate estates in England and Wales. Different rules apply in Scotland and Northern Ireland.

Losing a parent is one of the hardest things most of us will face. In the middle of that grief, there are practical decisions that cannot wait – and when your parent has died without a will, the process can feel even more uncertain. You may not know who is in charge, what you are entitled to, or where to start.

This guide walks through the six steps you need to take. It will not make this easy. But it will make it clearer.

Step 1 – Understand intestacy rules

When someone dies without a will – known legally as dying “intestate” – their estate does not pass according to their wishes. It passes according to the law. In England and Wales, that means the rules of intestacy determine who inherits, in what order, and in what proportion.

This matters more than most people expect. Unmarried partners – however long the relationship – receive nothing under intestacy. Stepchildren who were not legally adopted receive nothing. Even close friends named in earlier conversations inherit nothing if the will was never written. The law follows blood and legal bonds, not relationships.

The intestacy priority order in England and Wales

Where a surviving spouse or civil partner and children both exist, the estate is split: the spouse receives all personal belongings, the first £270,000, and half of anything above that. The children share the remaining half equally.

For a full breakdown of how these rules apply in different family situations – including blended families, cohabiting couples, and stepchildren – read our complete guide to intestacy rules. If your family situation is complex, the blog post on inheritance tax planning for blended families is also worth reading alongside this.

Step 2 – Notify relevant people and institutions

Once a death has occurred, you need to move quickly on notifications – both to protect the estate and to prevent fraud. This step is often more time-consuming than people expect, and getting it right saves significant complications later.

Register the death first

In England and Wales, the death must be registered within five days at the local register office. You will receive a death certificate – order multiple certified copies immediately. Banks, the Probate Registry, HMRC, pension providers, and insurers will each need their own original copy. Running out of copies causes delays at every stage, so ordering ten or more upfront is sensible.

Use Tell Us Once

The Tell Us Once service lets you notify multiple government departments in a single step – including HMRC, the DWP, the DVLA, and local council services. It is available after registering the death and saves hours of separate phone calls. Ask the registrar for the reference number to use it.

Who else needs to be told

• Banks and building societies – accounts will be frozen until Letters of Administration are obtained. Joint accounts typically pass automatically to the surviving account holder.
• Mortgage lender – the lender needs to know, and mortgage payments may need to continue from estate funds while the estate is administered.
• Pension providers – state pension payments stop at death; private or workplace pensions may have death benefits payable to named beneficiaries.
• Utility companies and landlords – bills and rent do not stop at death. Arrangements need to be made promptly, particularly if a property needs to be maintained.
• Insurance companies – home, car, and life insurance policies all need to be updated or cancelled. Home insurance in particular should be reviewed immediately if the property becomes unoccupied.
• HMRC – any outstanding tax affairs, including self-assessment returns, need to be finalised as part of estate administration.

For more on the practical steps immediately after a death, our guide to what to do when a parent passes away covers the immediate period in more detail.

Step 3 – Apply for a Grant of Letters of Administration

This is the step most people find most unfamiliar. Without a will, there is no named executor – and no one has automatic legal authority to deal with the estate. Before banks will release funds, before property can be sold, before debts can be formally settled, someone needs to be legally appointed.

That appointment comes through a Grant of Letters of Administration – the intestate equivalent of a Grant of Probate. It is issued by the Probate Registry and gives the administrator the same powers an executor would have under a will.

Who can apply

The law sets a priority order for who can apply to be administrator, which mirrors the intestacy hierarchy: a surviving spouse or civil partner has first right, then children, then other relatives. If you are the person applying, you will need to:

• Complete the probate application form (PA1A for estates without a will)
• Submit the original death certificate
• Complete the relevant inheritance tax form (IHT205 for smaller estates, IHT400 for larger ones)
• Pay the probate application fee – currently £273 for estates over £5,000

The IHT catch-22

Here is where many families hit a wall. Inheritance tax – if it is due – must be paid, or at least partially paid, before Letters of Administration are granted. But the estate’s assets are frozen until the grant is issued. If your parent’s estate includes property but little liquid cash, you may need to fund the IHT bill personally or via a specialist loan before you can access anything.

This is exactly the situation Level’s Inheritance Tax Loan is designed for – paid directly to HMRC, with no personal liability and no monthly repayments. Read more in our guide to when and how inheritance tax is paid.

For a full walkthrough of the probate process itself, see our probate guide and the blog post on the role of a solicitor in probate.

Step 4 – Gather assets and settle debts

Once you have Letters of Administration in hand, you have legal authority to act. The first task is building a complete picture of the estate – every asset and every liability.

Valuing the assets

Assets you need to identify and value include:

• Property and land – a professional valuation (usually a RICS-surveyor report or estate agent’s written assessment) is needed for IHT purposes, dated at the date of death
• Bank and savings accounts – contact each bank directly with the death certificate and Letters of Administration
• Investments and shares – valued at the date of death; a stockbroker or the company’s share registrar can help
• Pensions – defined contribution pensions may have a death benefit; state pension arrears may be claimable
• Life insurance – policies written in trust pass outside the estate; others form part of it
• Personal belongings of value – jewellery, art, vehicles, and collectibles all need to be included if they have significant worth
• Digital assets – cryptocurrency, online investment accounts, and PayPal balances are increasingly significant. Our guide to digital assets in wills covers how to approach these.

Settling the debts

Before a penny is distributed to beneficiaries, all debts must be paid. These include:

• Any outstanding mortgage on property
• Credit cards, loans, and overdrafts
• Utility bills and council tax arrears
• Any outstanding income tax or capital gains tax
• Funeral expenses – these are treated as a priority payment from the estate

If funeral costs are pressing and estate funds are not yet accessible, Level’s Funeral Expense Loan can cover costs upfront, repaid from the estate once administration is complete.

If there are more debts than assets, the estate is insolvent. This is a specialist area and legal advice should be sought immediately – the order in which debts are paid in an insolvent estate is strictly prescribed by law.

How long does this take?

Valuing and collecting assets typically takes 2–6 months, longer if property is involved or assets are hard to trace. For a detailed breakdown of the timeline, see our guide to how long it takes to receive an inheritance in the UK.

Step 5 – Distribute the estate

Once debts, taxes, and administration costs are settled, what remains is the net estate – and this is what gets distributed to beneficiaries.

Distribution must follow intestacy rules precisely. As administrator, you cannot deviate from them, even where you know your parent’s wishes would have been different. This is one of the most painful aspects of intestacy for many families – the law applies regardless of personal circumstances or expressed preferences.

Before you distribute

Most administrators wait at least six months after Letters of Administration are granted before making final distributions. This is because the Inheritance (Provision for Family and Dependants) Act 1975 gives certain people – including unmarried partners and financially dependent relatives – up to six months to bring a claim against the estate. Distributing too early and then facing a successful claim can leave you personally liable.

It is also worth placing a Trustee Act notice in The London Gazette and a local newspaper before distributing. This protects the administrator from claims by unknown creditors that emerge after distribution.

Documenting everything

Keep detailed accounts of every asset collected, every debt paid, every expense incurred, and every distribution made. Beneficiaries are entitled to see these accounts, and in the event of any dispute, they are your primary protection. For more on how disputes arise and how to handle them, see our guide to probate disputes.

Step 6 – Consider professional advice

Not every intestate estate needs a solicitor. Simple estates with clear beneficiaries, no property, and no disputes can often be administered without one. But the threshold for “simple” is lower than most people assume.

Professional help is strongly worth considering where:

• The estate includes property – particularly where it needs to be sold or transferred
• There are potential inheritance tax liabilities. Use our IHT calculator to get an early estimate.
• Family relationships are complicated – blended families, estranged relatives, or dependants who may have a claim
• Beneficiaries cannot be located
• There are disputes about the estate or who is entitled to administer it
• The estate has overseas assets

The cost of professional support is paid from the estate – not from your own pocket. And mistakes made as administrator can result in personal liability. As a rule of thumb: if you are unsure whether you need help, you probably do.

Our podcast episode with Jade Gani from Circe Law on what to expect when going through probate is a useful listen for anyone navigating this for the first time.

How Level can help

Note: this guide is intended for general informational purposes only and does not constitute legal, tax, or financial advice. Rules and outcomes vary depending on individual circumstances. For advice specific to your situation, please consult a qualified legal or financial professional.