Can Probate Occur Without a Will?
Squiggle Support Team
Last Update 3 months ago
Note: The following article is part of our Complimentary Articles Series, designed to provide additional insights and detailed information on specific topics within estate planning.
In conjunction with the following article, we recommend you review the following pillar articles to understand Probate comprehensively.
- What is Probate, and How Does it Work? How Can I Apply for Probate?
- What Are Probate and Letters of Administration, and How Do They Differ?
- What Are the Rules of Intestacy?
UNDERSTANDING ASSET DISTRIBUTION OF ASSETS WHEN THERE'S NO WILL
Yes, in the absence of a Will, Probate may still proceed.
When an individual passes away intestate (without a Will), their property and bank accounts still need to be managed.
In such situations, a Letter of Administration is required. It usually falls upon the spouse or civil partner of the deceased to apply for this document, which grants them the legitimacy to manage the Estate legally. However, it should be noted that spouses and civil partners are not the only relatives who may apply for a Letter of Administration.
The procedure involves the distribution of assets according to a predetermined legal hierarchy of Beneficiaries, adhering to the rules of intestacy.
It's crucial to remember that if there is no Will, the distribution of assets is governed by intestacy laws, which might not reflect the wishes of the deceased. In these instances, the process could be more complicated.
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