What Happens to a House When You Die Without a Will UK (2026)

The answer depends entirely on how the property is owned — ownership structure overrides the intestacy rules in some situations: (1) Joint tenants (most common for married/civil partner couples): when a property is owned as joint tenants, the deceased's interest does not pass via their estate at all — it passes automatically to the surviving owner by right of survivorship. This applies regardless of whether there is a will or not. The intestacy rules are irrelevant to a joint tenancy. The surviving owner notifies the Land Registry (form DJP with the death certificate) and becomes sole owner. No probate is required for the property; (2) Tenants in common: if the property is owned as tenants in common, each owner's share is a distinct asset that DOES pass through their estate. Without a will, the deceased's share of the property passes via the intestacy rules under the Administration of Estates Act 1925. Who inherits the share depends on who survives: if a married spouse or civil partner survives with children — the spouse takes the first £322,000 (statutory legacy, 2026/27 figure) plus all personal possessions outright, then half the remainder; the children share the other half. The children's share of the property creates a co-ownership problem (see below); if no surviving spouse — the property share passes equally to the children (or further down the intestacy order if no children); (3) Sole owner: if the deceased owned the property entirely in their own name (no joint ownership), the house becomes part of the estate and is subject to the full intestacy rules. Probate is required before the property can be transferred or sold. The house cannot be sold during probate without a Grant of Probate or Letters of Administration; (4) Cohabiting partner: a cohabiting partner has NO right to the house under the intestacy rules — even if they lived there for decades. Without a will, the house passes to the deceased's closest relatives. The cohabiting partner can apply under the Inheritance (Provision for Family and Dependants) Act 1975 within 6 months of the Grant of Probate, but this is a court application with an uncertain outcome.

Yes — and this is one of the most serious consequences of dying intestate with a property: (1) The statutory legacy problem: when someone dies intestate leaving a spouse/civil partner AND children, the intestacy rules allocate the estate as follows: the surviving spouse receives the statutory legacy (£322,000 in 2026/27) plus personal possessions outright; the remainder of the estate is split — 50% to the spouse, 50% shared equally among the children. If the estate consists mainly of a family home worth, say, £500,000, the children are entitled to 50% of the surplus above £322,000 = 50% × £178,000 = £89,000. The children cannot receive a cash payment if the estate has no cash — the property may need to be sold to realise their share; (2) Right of appropriation: under the Administration of Estates Act 1925 s.41, the surviving spouse has the right to require the estate to appropriate the property to satisfy their statutory legacy and share — meaning the house is allocated to them as part of their inheritance rather than being sold. However, this only applies to the spouse's share. If the children's share exceeds the liquid assets, a sale may still be required unless the surviving spouse buys out the children's share; (3) TOLATA s.14 application: if the surviving spouse is living in the property and the children want it sold, they can apply to court under TOLATA 1996 s.14 for a sale order. The court balances all interests including the surviving spouse's welfare; (4) Cohabiting partner and sole owner: if the deceased was a sole owner and a cohabiting partner is living in the property, the intestacy rules give the cohabitant no right to the house and the relatives who inherit can (eventually) require the property to be sold; (5) Prevention: a will that leaves the property directly to the surviving spouse or in a life interest trust entirely prevents this problem. A simple mirror will takes about an hour to complete and costs from £35 with WillSafe UK.

When there is no will (intestacy), someone must apply for Letters of Administration rather than a Grant of Probate. The process differs from probate in several respects: (1) Who can apply: the priority order for applying for Letters of Administration is strictly prescribed: surviving spouse or civil partner first; then children; then parents; then siblings; then further relatives in the statutory order. A cohabiting partner has no right to apply. The person who applies becomes the administrator — they have the same practical powers as an executor under a will; (2) Application: apply online at probate.service.gov.uk/apply (select 'There is no will'). You need the death certificate, a completed statement of truth, an HMRC IHT reference (if the estate is taxable), and the court fee (£300 for estates above £5,000). Paper-only process for intestate estates with complications; (3) Administration grant: the Letters of Administration (sometimes called a Grant of Letters of Administration, or simply the administration grant) are issued by the Probate Registry in the same way as a Grant of Probate. Once issued, the administrator can deal with the property — transfer it to beneficiaries or sell it; (4) Time: the Letters of Administration process typically takes as long as a Grant of Probate (4–16 weeks plus any HMRC IHT time); (5) Property transfer: once Letters of Administration are issued, the administrator files an AP1 (change of ownership) at the Land Registry, with a certified copy of the Letters of Administration and the death certificate. The property is transferred to the beneficiaries according to the intestacy rules; (6) Sale: if the property is to be sold (because the beneficiaries cannot afford to buy each other out), the administrator must sell on behalf of the estate. Proceeds are distributed according to the intestacy rules after debts and expenses are paid.

This is a genuine practical difficulty that arises frequently when a married couple owns a property as tenants in common and one dies without a will: (1) The administrator's obligation: the administrator (who is usually the surviving spouse in this situation) must act in the interests of all beneficiaries — including the children who have inherited a share of the estate. The administrator cannot simply ignore the children's entitlement; (2) Option 1 — children agree to defer: adult children may agree to defer receiving their share until the surviving parent dies, sells, or chooses to pay. This arrangement should be documented in writing. There is no legal obligation on the children to agree, and the arrangement does not affect HMRC or IHT; (3) Option 2 — deed of variation: within 2 years of the death, the beneficiaries (including the children) can execute a deed of variation that redirects the children's share — for example, deferring their inheritance or converting it to a life interest for the surviving spouse. The children must consent. A deed of variation can be tax-efficient (treated as if the deceased had made the provision in a will); (4) Option 3 — mortgage or loan: the surviving spouse takes out a mortgage or equity release to buy out the children's share. This allows the surviving spouse to remain in the property while giving the children their immediate entitlement; (5) Option 4 — TOLATA s.15 balancing: if no agreement is reached, the administrator can apply to court (or the children can apply) under TOLATA 1996 s.14 for directions. Under s.15, the court considers the welfare of the surviving spouse, any minor children, and the intentions of those who created the ownership arrangement. Courts typically give weight to the surviving spouse's need for housing; (6) Inheritance Act 1975: the surviving spouse can also apply under the Inheritance Act 1975 for the intestacy rules to be varied by the court to provide them with better financial provision. This is a discretionary remedy.

Dying intestate does not eliminate IHT — and in some respects, intestacy creates a worse IHT outcome than a well-planned will: (1) Spouse IHT exemption preserved: assets passing to a surviving UK-domiciled spouse under the intestacy rules (the statutory legacy plus the surviving spouse's half share) are fully exempt from IHT under IHTA 1984 s.18. IHT is only relevant on assets that pass to children or other non-exempt beneficiaries; (2) Residence Nil-Rate Band (RNRB) at risk: the RNRB (£175,000 per person in 2026/27) is available only when a qualifying residential property passes to direct descendants. Under the intestacy rules, the property always passes to direct descendants (children and their issue), so the RNRB should be preserved. However, if the intestacy rules mean the property passes to parents or siblings (because there is no spouse and no children), the RNRB is lost entirely; (3) No planning: an intestate estate has no nil-rate band discretionary trust, no life interest trust, and no deed of variation at the planning stage. IHT-efficient structuring (using the first spouse's NRB, equalising the spouses' estates, making gifts, writing life insurance in trust) is possible after death via deed of variation but requires all beneficiaries to agree; (4) Transferable NRB and RNRB: even in an intestate estate, the unused NRB and RNRB from the first spouse to die transfer to the surviving spouse and can be claimed on the second death. The administrator should obtain confirmation of the unused NRB/RNRB from the first estate's IHT return (form IHT217 for excepted estates); (5) Prevention: a simple will costs from £35 with WillSafe UK and can entirely avoid the IHT, practical, and family tension problems of dying intestate with a property.