Intestate Estate Administration Timeline: Step-by-Step Guide
When someone dies without a will, their estate passes under intestacy rules — and a family member must apply for letters of administration before anything can be done. Here is the complete timeline from death registration to final distribution.
Intestacy at a glance
No will = no executor
The estate has an administrator, appointed by the court (Probate Registry). They apply for letters of administration, not a grant of probate.
Fixed distribution rules
The Administration of Estates Act 1925 sets who inherits. The administrator has no discretion — they must follow the statutory order.
Typical timeline: 9–18 months
Straightforward estates take under a year. Property sales, IHT, or disputes add time. Complex estates can run 2–4 years.
Month-by-Month Timeline
Register the death
- →Register the death at the local register office within 5 days (England and Wales requirement).
- →Obtain multiple certified copies of the death certificate — you will need them for every financial institution, typically 6–10 copies.
- →Notify the Tell Us Once service — informs HMRC, DWP, DVLA, passport office, and local council in one go.
- →Locate any will (the deceased may have had one — check the deceased's papers, safe, solicitor, or the National Will Register). If a will exists, the estate is NOT intestate and the will governs distribution.
Identify who has the right to administer
- →Identify the highest-priority relative under the Non-Contentious Probate Rules 1987 (spouse/civil partner first, then children, then parents, etc.).
- →That person is entitled — and must apply — to be administrator. Multiple people at the same priority level can apply jointly (up to 4 administrators).
- →If the highest-priority person does not wish to act, they can renounce their right in writing.
- →Identify all potential beneficiaries under the intestacy rules and their current contact details.
Value the estate and check for IHT
- →Write to every financial institution (banks, building societies, investment platforms, pension providers, insurers) using the death certificate to request date-of-death valuations.
- →Obtain a formal RICS valuation of any property at the date of death.
- →List all liabilities: mortgages, credit card debts, utility bills, income tax owed.
- →Calculate the gross estate and check whether it exceeds the nil-rate band (£325,000) plus any available RNRB (£175,000 if property left to direct descendants — note: under intestacy, property passes to children so RNRB may be available).
- →If IHT is payable: apply for an HMRC IHT reference number (online, takes ~3 weeks), complete form IHT400 (or IHT205/IHT207 for excepted estates), and arrange payment of IHT due before probate.
Apply for letters of administration
- →Complete form PA1A (intestate application) — available from HMCTS or at any probate registry.
- →Gather supporting documents: death certificate, completed IHT form (if required), details of all assets and liabilities.
- →Submit to the Probate Registry with the application fee (£300 for estates over £5,000; £1.50 per official copy of the grant).
- →Wait for the grant: currently 8–16 weeks for straightforward applications. The Probate Registry may contact you with queries.
Collect assets and close accounts
- →Once the grant is received, send sealed office copies to each financial institution.
- →Banks will close accounts and transfer balances to the estate's executor account.
- →Transfer investments and savings to the estate's cash account or to beneficiaries as directed by the intestacy rules.
- →If the estate includes a property to be sold: instruct estate agents and conveyancers. The grant is required before exchange of contracts.
- →Claim any life insurance policies not in trust (if in trust, they pass directly to beneficiaries without going through the estate).
Place creditor notice and settle debts
- →Place a Section 27 Trustee Act 1925 notice in The Gazette and a local newspaper. This protects the administrator from claims by unknown creditors who do not come forward. Must run for 2 months before final distribution.
- →Pay all known debts in the correct priority order: funeral expenses → testamentary expenses → secured debts (mortgages) → preferential debts → unsecured debts.
- →Pay any income tax liability to HMRC for the period up to death and for income earned during the administration period.
- →Pay any CGT on assets sold during administration at the estate rate (24% for residential property, 20% for other assets, 2025/26 rates).
Prepare estate accounts and distribute
- →Prepare full estate accounts: list all assets received, debts paid, administration expenses, and the balance available for distribution.
- →Provide copies of the accounts to all beneficiaries and obtain their approval (informal, but good practice).
- →Run bankruptcy searches against all beneficiaries.
- →Distribute the estate in strict accordance with the intestacy rules.
- →Obtain signed receipts from each beneficiary.
- →Keep records for at least 12 years.
Who Inherits Under Intestacy (England & Wales)
| Survivors | Who inherits what |
|---|---|
| Spouse/civil partner + children | Spouse: all personal chattels + statutory legacy (£322,000) + 50% residue. Children: other 50% residue equally. |
| Spouse/civil partner, no children | Spouse/civil partner inherits everything. |
| Children only (no spouse) | Children share equally. If a child is dead, their children (grandchildren of deceased) take their share. |
| No spouse, no children | Parents equally. If no parents: siblings (whole blood) equally. If no siblings: half-siblings equally. Then grandparents, aunts/uncles of whole blood, then half-blood. |
| No qualifying relatives | Estate passes to the Crown (bona vacantia). |
| Cohabiting partner (not married/civil partner) | Nothing under intestacy. Must claim under Inheritance Act 1975 (time limit: 6 months from grant). |
Statutory legacy: £322,000 for deaths on or after 6 February 2020. Subject to statutory revaluation.
Frequently Asked Questions
Who can administer an intestate estate in England and Wales?
The right to apply for letters of administration (the grant needed to administer an intestate estate) follows a strict priority order set out in the Non-Contentious Probate Rules 1987: (1) Spouse or civil partner (if they survive by 28 days); (2) Children of the deceased (or their descendants if a child has died); (3) Parents of the deceased; (4) Siblings of the whole blood (or their descendants); (5) Siblings of the half blood (or their descendants); (6) Grandparents; (7) Uncles and aunts of the whole blood (or their descendants); (8) Uncles and aunts of the half blood (or their descendants); (9) The Crown (bona vacantia) if no relatives qualify. Only the highest-priority surviving relative has the right to apply. That person becomes the administrator (not executor — that term applies only when there is a will). They have the same duties as an executor.
What are letters of administration and how long does it take to get them?
Letters of administration are the legal document issued by the Probate Registry that authorises the administrator to deal with the deceased's estate. Without this grant, most financial institutions will not release funds and land registry transfers cannot proceed. To apply, the administrator must: (1) register the death and obtain a death certificate; (2) identify and value all assets and liabilities to determine whether the estate exceeds the excepted estate threshold (currently £3 million for deaths on or after 1 January 2022, or £1 million for estates where the spouse/civil partner exemption is claimed); (3) if IHT is due, apply for an IHT reference number, complete form IHT400, and pay at least the IHT before applying; (4) submit form PA1A (intestate application) to the Probate Registry with the death certificate, the application fee (£300 for estates over £5,000), and supporting documents. Current HMCTS processing times for straightforward applications are typically 8–16 weeks, though complex estates or errors in the application can extend this significantly.
How long does it take to administer an intestate estate from start to finish?
A straightforward intestate estate (residential property, bank accounts, no significant debts, no disputes, no IHT) typically takes 9–18 months from death to final distribution. The key milestones and typical durations are: (1) Death registration and initial steps: 1–4 weeks; (2) Asset valuation and IHT assessment: 1–3 months; (3) IHT payment and probate application: 1–2 months; (4) Grant of letters of administration issued: 8–16 weeks after submission; (5) Asset collection (closing accounts, transferring investments): 1–3 months after grant; (6) Placing a Section 27 Trustee Act notice (protects against unknown creditors — must wait 2 months after publication before distributing): 2 months; (7) Settling debts and obtaining estate accounts: 1–2 months; (8) Final distribution to beneficiaries: 1–2 months after accounts approved. Complex estates with property sales, overseas assets, disputes, or IHT investigations can take 2–4 years.
Who inherits under the intestacy rules in England and Wales?
Under the Administration of Estates Act 1925 (as updated), the distribution priority is: (1) Spouse/civil partner and children — if the deceased left a spouse/civil partner and children, the spouse receives all personal possessions, the statutory legacy (currently £322,000 for deaths on or after 6 February 2020), plus 50% of the residue; the children share the other 50% equally; (2) Spouse/civil partner only (no children) — spouse inherits everything; (3) Children only (no spouse) — children share everything equally; if a child has already died, their share passes to their own children (grandchildren of the deceased); (4) No spouse, no children — parents, then siblings, then grandparents, then aunts/uncles in priority order. Cohabiting partners receive nothing under intestacy regardless of length of relationship — they may need to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Can an administrator distribute the estate before the intestacy rules are fully resolved?
No — the administrator must distribute only to those entitled under the intestacy rules and only after the following steps: (1) Obtaining the grant of letters of administration; (2) Identifying all potential beneficiaries and their entitlements; (3) Settling all debts, taxes, and administration expenses; (4) Running a Section 27 Trustee Act notice to protect against unknown creditors (2 months before distribution); (5) Obtaining a bankruptcy search against all beneficiaries; (6) Preparing estate accounts and having them approved (informally, by the beneficiaries). Distributing too early, to the wrong person, or without paying debts can make the administrator personally liable for the shortfall.
A Will Prevents All of This
Dying without a will means your estate is distributed by a strict legal formula — not by your wishes. Cohabiting partners get nothing. Children of any age inherit equally. The WillSafe kit lets you set your own terms from £19.97 for England and Wales.