First steps, wills, executor authority, intestacy, joint assets, debts, tax and support for adult children.
This guide is part of ProbateHelp's First Steps guide cluster. Estimated reading time: 9 min.
A valid will controls the estate. On intestacy, a surviving spouse or civil partner takes the whole estate if there are no descendants, or the personal chattels, statutory legacy and half the balance if there are descendants. Children share the descendant portion, including substitution for a child who died first.
Yes if there is no will and the child is in the class with priority, but a surviving spouse or civil partner has prior entitlement. Equal-ranking children may need to agree who applies or apply together within the permitted limit.
No. Age or gender does not give an adult child a larger intestacy share or automatic priority over siblings of the same class. The will, probate rules and family facts determine the role.
The provider will usually continue the account in the survivor's name, but beneficial ownership and the deceased's estate or tax interest may still need evidence. Do not assume the whole balance was a gift to the survivor.
Not merely because they are children. Sole debts are paid from the estate; joint debts, guarantees, secured borrowing and money received after a mistaken distribution require separate analysis.
There is no fixed completion promise. The executor should progress the estate and communicate, but tax, property, liabilities and claims determine timing. Section 44 protects representatives from being compelled to distribute within one year.