UKMy parent died intestate. How is the estate divided?
If your parent died intestate in England and Wales, the estate is divided according to fixed rules in the Administration of Estates Act 1925 — typically, the surviving spouse or civil partner receives the first £322,000 (plus personal possessions), and the remainder is split between them and any children.
What the Law Says
The division of an intestate estate in England and Wales is governed by strict statutory rules. These rules apply automatically when someone dies without a valid will.
Under the Administration of Estates Act 1925, the estate is distributed based on who survives the deceased — particularly whether there is a surviving spouse or civil partner, children, parents, siblings, or other relatives.
The law prioritises close family members and excludes unmarried partners, stepchildren (unless adopted), and friends — even if they were financially dependent.
The statutory order of priority and shares are set out in detail in Part IV of the Act, with section 46 being the key provision that sets out the general rules for distribution.
Statutory TextWhere a person dies intestate, the estate shall be distributed in accordance with the provisions of this Part of this Act.
— Administration of Estates Act 1925, s. 46 — Distribution on intestacy
What to Do
Confirm the death was intestate (no valid will exists)
Identify all surviving relatives in order of priority: spouse/civil partner, children, parents, siblings, etc.
Calculate the statutory legacy (£322,000 plus personal possessions) for the spouse or civil partner, if applicable
Divide the remaining estate according to the statutory shares (e.g., half to spouse and half equally among children, if both survive)
Apply to the Probate Registry for a grant of letters of administration to manage and distribute the estate
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.