Can you get probate when there is no will

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    Can you get probate when there is no will

    Losing a loved one is undoubtedly a challenging time, and matters can become even more complex when there’s no clear will in place. The process of obtaining probate without a will, can be intricate, and understanding the legal nuances crucial to ensure a smooth resolution.

    What do I need to do if my loved one dies without making a will?

    In the unfortunate event that your loved one has passed away without leaving a will, you should consider the following steps:

    • If you feel out of your depth or need reassurance that you are following the correct procedure, you should seek legal advice. A solicitor, especially one well-versed in probate and intestacy law, can guide you through the necessary procedures
    • Without a will, you’ll need to apply for Letters of Administration. This grants you the authority to manage and distribute the deceased’s estate in accordance with the rules of intestacy
    • Work to identify and value the deceased’s assets. This includes property, bank accounts, investments, and personal possessions
    • Pay any outstanding debts and inheritance tax from the estate before distributing the remaining assets
    • In the absence of a will, the rules of intestacy determine how the estate is distributed. Typically, this prioritises spouses, civil partners, and close relatives

    Can I get probate if there is no will?

    Yes, you can still obtain probate when there’s no will, but the process is slightly different. Instead of applying for probate, you’ll apply for Letters of Administration. This legal document grants you the authority to administer the estate in accordance with the rules of intestacy.

    What are the rules of intestacy?

    The rules of intestacy determine how an estate is distributed when there is no will. The order of inheritance typically prioritises spouses or civil partners, followed by children, parents, siblings, and other relatives. Specific rules dictate the share each heir receives. 

    Can someone contest how an estate is shared under the rules of intestacy?

    If you have not been provided for sufficiently, or at all, under the rules of intestacy, you may be able to make a claim under the Inheritance Act 1975. Seeking legal advice is essential for understanding the specific circumstances under which a challenge may be valid, and we can help with this.

    How can Judkins Solicitors help?

    We specialise in probate and inheritance law, offering comprehensive support for individuals dealing with intestate cases. Our experienced team can assist you in obtaining Letters of Administration, understanding the rules of intestacy, and addressing any challenges that may arise during the estate distribution process. Call us on 01992 500456, or fill in our online enquiry form to request a call back or to schedule a consultation.

    In these matters Judkins can offer a no win/ no fee agreement and or can agree to wait for their fees until the estate is in funds so there should be no need for any initial outlay to be made

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    For any of the issues we cover please call us for a free chat and discover how simply talking to a professional lawyer can really help.