Who inherits if there's no will
When someone dies without a will in England or Wales, the intestacy rules decide who inherits. A husband, wife or civil partner comes first: they get everything if there are no children, and the first £322,000 plus half the rest if there are. An unmarried partner gets nothing under the rules.
Checked against gov.uk 13 October 2026 · gov.uk: who inherits if someone dies without a will
If there's a husband, wife or civil partner
| Family | Husband, wife or civil partner gets | Children get |
|---|---|---|
| No children or grandchildren | The whole estate | Nothing |
| Children, estate worth £322,000 or less | The whole estate | Nothing |
| Children, estate worth more than £322,000 | The personal possessions, the first £322,000 and half of the rest | The other half of the rest, shared equally |
For example, if someone leaves a husband and 2 children and an estate of £400,000 in their own name, the husband gets the possessions and £361,000, and the children share £39,000.
- A spouse who was separated but still married still counts. One who was divorced from the person who died doesn't.
- A home owned as joint tenants passes straight to the surviving owner, so it isn't part of the estate shared out under these rules. Money in a joint account goes to the other account holder the same way.
- If a child died before the person who died, their children inherit in their place.
Sources: gov.uk's inheritance checker, checked 13 October 2026, for deaths on or after 26 July 2023. The £322,000 is set by the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 (SI 2023/758). For an earlier death the checker uses the figure that applied at the time. Joint property: Citizens Advice.
If there's no husband, wife or civil partner
The estate goes to the first group in this list that has someone living, and is shared equally within it. If anyone in that group has died before the person who died, their children usually take their share.
- Children, shared equally (grandchildren take a child's share if that child died first)
- Parents, shared equally
- Brothers and sisters (nieces and nephews take a share if their parent died first)
- Half-brothers and half-sisters, or their children
- Grandparents
- Aunts and uncles, or their children (cousins)
- Half-aunts and half-uncles, or their children
- The Crown
Stepchildren aren't included unless the person who died legally adopted them. A child under 18 can't receive their inheritance until they turn 18; it's held in a trust until then.
Source: gov.uk's inheritance checker, each step of the list linked to its answer, checked 13 October 2026.
Unmarried partners
A partner who wasn't married to, or in a civil partnership with, the person who died inherits nothing under the intestacy rules, and can't apply for the grant. There are 2 ways to get a share:
- The people who do inherit agree to share the estate differently. Everyone aged 18 or over who inherits has to agree, and it has to be done within 2 years of the death.
- A claim in court. If the death has left you significantly worse off, you might be able to go to court for help. Get legal advice first.
To leave something to an unmarried partner, make a will. See how to make a will.
Who deals with the estate, and how long it takes
With no will there's no executor, so the closest living relative applies to become the administrator. The grant they get is called letters of administration, and it takes longer than a grant of probate: of the grants issued in April to June 2026, half took 8.9 weeks or less, against 1.1 weeks when there was a will with an executor. Letters of administration took longer in 25 of the 28 quarters since July to September 2019.
Source: Family Court Statistics Quarterly: April to June 2026, median weeks from application to grant. See how long probate takes for the monthly figures.
Scotland and Northern Ireland
These rules are for England and Wales. Scotland and Northern Ireland have their own.
Common questions
What happens if you die without a will?
The intestacy rules decide who inherits. A husband, wife or civil partner comes first. With no children they inherit everything; with children they get the personal possessions, the first £322,000 and half of the rest. Without a spouse, it passes down a fixed order of relatives, and to the Crown if there are none.
Does a husband or wife automatically inherit everything?
Only if there are no children or grandchildren, or the estate is worth £322,000 or less. Above that, the children share half of what's left over £322,000. A spouse who was separated but still married still counts; a divorced one doesn't.
Do unmarried partners inherit if there's no will?
No. Under the intestacy rules a partner who wasn't married to, or in a civil partnership with, the person who died gets nothing, and can't apply for the grant. They can ask those who do inherit to share differently, or may be able to go to court; get legal advice.
Do stepchildren inherit under the intestacy rules?
Not unless the person who died legally adopted them. gov.uk's inheritance checker counts children, grandchildren and legally adopted children, and says it doesn't include stepchildren or their descendants. Children inherit equally, whoever their other parent is.
Who gets the estate if there's no family?
If there's no spouse or civil partner, and no children, parents, brothers or sisters, half-brothers or half-sisters, grandparents, aunts or uncles, half-aunts or half-uncles, or descendants of those who could have inherited, the whole estate goes to the Crown.
Who applies for probate when there's no will?
The closest living relative applies for letters of administration: normally the husband, wife or civil partner, then any children aged 18 or over. gov.uk's inheritance checker works out who comes next if there are neither.
About this page
Who inherits comes from gov.uk's inheritance checker and its probate guide, checked 13 October 2026. The £322,000 figure is confirmed on legislation.gov.uk, and the points on unmarried partners, joint property, children under 18 and changing the shares come from Citizens Advice. Waiting times are the Ministry of Justice's quarterly official statistics. Compiled by James Burfield. General information, not legal advice: the rules have exceptions, so check gov.uk's checker for a particular estate.