New figures reveal a startling lack of preparedness across the UK, with just over half of adults aged between 50 and 64, and nearly a quarter of those aged 65 and over, having no valid will in place. For Birmingham residents facing the loss of a loved one, this situation – known as dying 'intestate' – can create significant legal and administrative complexity at an already difficult time.
The Six-Step Process for Handling an Intestate Estate
West Midlands money expert Dawn Cummins from the free, impartial service MoneyHelper provides clear guidance. The process, while detailed, is more manageable when broken down into structured steps.
The first crucial action is to apply for a Grant of Representation. When someone dies without a will, the law steps in to determine inheritance based on strict intestacy rules. A relative or friend willing to manage the affairs must apply to become the official 'administrator'. This legal authority, often called a 'grant of letters of administration', is essential to deal with the deceased's property, money, and possessions.
Applying for Probate and Valuing the Estate
Probate is the legal right to handle the estate. Applicants must gather key documents, including the death certificate, a birth certificate, and a marriage or civil partnership certificate if applicable. Copies are attached to probate forms available via gov.uk.
The forms require a detailed valuation of the estate's worth. This calculation must include:
- Any gifts given away in the seven years before death.
- The total amount of debt owed.
- The net value of the estate after debts are paid.
- Details of any assets that were jointly owned.
Once valued, you can apply for probate online or by post for a fee, which depends on the estate's value.
Collecting Assets and Paying What's Due
With the grant of probate in hand, you can contact organisations holding the assets, such as banks and pension providers. They will require a copy of the probate confirmation before releasing funds.
Opening a separate bank account for the estate is highly recommended to avoid mixing funds with personal finances. Once all assets are gathered, the next task is to calculate and pay any inheritance tax due. MoneyHelper offers a free guide to assist with this calculation.
After settling all debts and taxes, the remaining estate must be distributed strictly according to the rules of intestacy, which prioritise spouses, civil partners, and children in a specific order.
Seeking Professional Support and Guidance
Given the complexities, many people choose to work with a solicitor or accountant who specialises in probate. For free, impartial guidance at any stage, MoneyHelper remains a vital first port of call. The service can also assist with understanding wills and writing your own, helping to prevent similar challenges for your own family in the future.
The original guidance was published on 12th January 2026 and updated on 13th January 2026, featuring insights from Dawn Cummins of the Money and Pensions Service.
