Intestacy - who inherits if someone dies without a will?: Information based on your answers

You’ll need to get legal advice to work out the net value of the estate and to find out who will inherit what.

You’ll need to get legal advice to work out the net value of the estate and to find out who will inherit what.

If the estate is worth up to £322,000

The husband, wife or civil partner gets all of the estate and is entitled to apply for probate.

If the husband, wife or civil partner died after the deceased, their share will become part of their own estate.

If the estate is worth over £322,000

The estate will be divided between the husband, wife or civil partner and the children of the deceased.

The husband, wife or civil partner gets:

  • up to £322,000 in assets, and half of the rest of the estate
  • all of the personal possessions of the deceased

The children of the deceased are entitled to a share of the half of the estate above £322,000.

If any of the children died before the deceased, their children (grandchildren of the deceased) will inherit in their place.

If any of these grandchildren died before the deceased, their children (great-grandchildren of the deceased) will inherit in their place.

If any of these people died after the deceased, their share will become part of their own estate.

Next steps

Read the guide before you apply for probate.

Find out how to pay Inheritance Tax.

Your answers

Start again

Where was the deceased domiciled?
England and Wales
Change Where was the deceased domiciled?
Is there a living husband, wife or civil partner?
Yes
Change Is there a living husband, wife or civil partner?
When did the deceased die?
On or after 26 July 2023
Change When did the deceased die?
Are there any living children or any other living descendants (such as grandchildren or great-grandchildren)?
Yes
Change Are there any living children or any other living descendants (such as grandchildren or great-grandchildren)?