What Happens if I Die Without a Will?
If you die without a valid will in England and Wales, you are described as dying “intestate”.
If you die without a valid will in England and Wales, you are described as dying “intestate”.
That does not mean the state automatically takes everything.
It means the law applies a fixed set of intestacy rules to determine who inherits the part of your estate governed by those rules. The result may or may not resemble what you would have chosen yourself.
Who inherits?
The answer depends on which relatives survive you and whether you were married or in a civil partnership.
A surviving spouse or civil partner has statutory inheritance rights under the intestacy rules. Children and other relatives can also become entitled depending on the family circumstances.
The precise distribution can be technical, so use current official information or professional advice rather than relying on a simplified family-tree diagram for an important decision.
An unmarried partner is not treated like a spouse
This is one of the most important misconceptions.
In England and Wales, “common law marriage” does not exist. Living together for many years, sharing bills or having children together does not give a cohabiting partner the same automatic intestacy rights as a spouse or civil partner.
A surviving cohabitant may have other potential legal routes in some circumstances, but that is very different from automatically inheriting under intestacy.
What about the house?
First establish how it is owned.
If a jointly owned home is held as joint tenants, the deceased owner’s interest normally passes automatically to the surviving owner and does not pass under the intestacy rules.
If it is held as tenants in common, the deceased person’s share forms part of the estate and passes under a valid will or, without one, under intestacy.
This can produce very different outcomes for couples who both describe themselves as “joint owners”.
Who deals with the estate if there is no executor?
There is no executor appointed by a will because there is no will.
Instead, an eligible person can apply for legal authority to administer the estate. The grant is generally called letters of administration.
The closest living relative may be entitled to apply, but the order of entitlement and the administration process should be checked.
Could the Crown ever receive the estate?
Yes, but only where there is no valid will and no relatives entitled under the intestacy rules.
This is known as bona vacantia.
It is not what normally happens when someone dies without a will, but it illustrates why “the government gets everything” is an inaccurate description of intestacy.
Why this matters before death
Intestacy is a default legal system, not a personalised plan.
It does not know that you regard a long-term unmarried partner as your spouse, that one child needs additional support, that you wanted a particular possession to go to somebody, or that family relationships are complicated.
If the default rules may not reflect your wishes, professionally qualified legal advice can help you understand the available options without relying on assumptions.
Last reviewed
5 September 2026
Important legal informationThis guide provides general information only and does not constitute legal advice. It is not intended to recommend any particular legal arrangement, course of action or solution. Wills, inheritance, trusts, powers of attorney, mental capacity and related matters can have significant legal and financial consequences, and the appropriate approach will depend on individual circumstances. Professionally qualified legal advice should be sought before making, changing or acting upon important legal arrangements or decisions.