If a Will cannot be located, then the closest living relative with mental capacity can apply for Letters of Administration. (This is a similar process for applying for Probate – so please go through the rest of the stages)

When there is no will then the rules of intestacy will apply, and you will need to apply for letters of administration. Rules of intestacy are laws that will decide who gets what if the deceased has not made a will. There is also a legal order of who can apply for the letters of administration based on their relationship with the deceased. The first person in line would be as follows:-

• Husband, wife, or civil partner of the deceased
• Deceased’s children
• Grandchildren
• Parents
• Brothers and sisters
• Nieces and nephews
• Half brothers and sisters
• Grandparents
• Uncles and aunts

Please take a look at our Rules of Intestacy in the ‘resources’ section to find out more.