Check who can apply for probate and inherit 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.
Find legal advice to help you figure out the net value of the estate and who will inherit what, as this is legally complex.
The husband, wife or civil partner can apply for probate and is entitled to:
- all of the estate up to a certain threshold value (this value changes depending on when the deceased died)
- the personal items and belongings of the deceased
- half of the remaining estate above the threshold value
The remaining half of the estate above the threshold value goes to any living parents of the deceased.
If there are no living parents, then the remaining half is split between any living brothers or sisters and the living children of any deceased brothers or sisters (nieces or nephews or the deceased). This does not include half-brothers and half-sisters.
If none of these relatives are alive, then any living descendants of the deceased’s nieces or nephews should get legal advice to see if they are entitled to this remaining half.
If the deceased has no entitled relatives then the husband, wife or civil partner gets the remaining half.
If any of these entitled relatives or the husband, wife or civil partner 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
- Is there a living husband, wife or civil partner?
- Yes
- Change Is there a living husband, wife or civil partner?
- Are there any living children or any other living descendants (such as grandchildren or great-grandchildren)?
- No
- Change Are there any living children or any other living descendants (such as grandchildren or great-grandchildren)?