My husband died without a will

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Hi My husband died on 3 weeks ago without a will and i dont know what I should do. He hasnt got any assets either, we dont own our house and i can only find credit card statements with debts on. He didnt have any savings.

Do i need to get a solicitor, although i cant actually afford one or is this a process I can do myself?

I would appreciate any advice as I really dont know what to do.

Thank you

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  • Soundgirlrocks
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    I'm sorry for your loss, there is a sticky at the top of the page which has lots of information and will help you but if there is no money in the estate you don't have to pay his debts. You don't need a solicitor, its relatively simple.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Sorry you're having to deal with this.

    Buy several copies of your husband's death certificate and send them to the companies he owes money to with a letter saying that his estate is insolvent and that no-one is dealing with it.

    They may try to pressurise you to come to some arrangement to pay the debts - don't do that.
  • Robert_McGeddon
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    Sorry to learn of your loss. Dealing with the admin after dealing with a loss is not easy.

    Could your husband have had assets you are not aware of? E.g. a life assurance policy or a pension not yet in payment? If "Yes" then his estate may be solvent and worth administering.

    If "No" (and from your opening post this seems likely) then the estate is insolvent and you should not administer it. The first call on any assets is funeral expenses - if he had any money in a bank account you could ask the bank to settle funeral costs directly - but if the credit card was with the same bank they would likely offset this first. After that your objective is minimal cost. In your shoes I would take photocopies of the death certificate and email/post them to the creditors as a matter of courtesy and advise them that your husband left no will, that the estate is insolvent and that you are not administering it. You MUST avoid taking/admitting any responsibility for his personal debts.

    HTH,
  • Dox
    Dox Posts: 3,116 Forumite
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    If "No" (and from your opening post this seems likely) then the estate is insolvent and you should not administer it. The first call on any assets is funeral expenses - if he had any money in a bank account you could ask the bank to settle funeral costs directly - but if the credit card was with the same bank they would likely offset this first. After that your objective is minimal cost. In your shoes I would take photocopies of the death certificate and email/post them to the creditors as a matter of courtesy and advise them that your husband left no will, that the estate is insolvent and that you are not administering it. You MUST avoid taking/admitting any responsibility for his personal debts.

    These are such easy things to say and such difficult ones to do, particularly when you are grieving and keen to 'do the right thing' by your husband. Now is the time to protect yourself, though - and if his debts are greater than his assets, don't be drawn in to doing anything creditors will try to press you to do, such as paying his debts (they are NOT yours unless in joint names, or you agreed to act as guarantor) or 'winding up his estate so things aren't left hanging...'. Let them hang; no harm will come to you or them, and certainly not to your late husband.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    One key thing with this is there is no rush to do anything more than register the death.

    Everything else can be done when ready, it can help if you have a family member or friend that can help, anyone that is not so close even if they are not well versed with the process can help.

    there are too side to this, sorting out yourself and dealing with hubbies estate

    For hubbies estate you need to establish what is known as the inventory, all his assets and debts, this may take time as you go through paperwork, there is no rush but while doing this you don't pay any of his debts or pull in any assets.
    Notification and closing accounts is often worth doing.

    If there is nothing in the estate to pay off the debts then as previously said all creditors can be notified estate is insolvent and won't be administered.

    If there are any dealings with DWP there will be loads of time as they can be very slow to deal with their side of things.


    Some things are worth starting a bit sooner, the main ones being the paperwork to deal with your property(Council tax, utilities etc) and any joint assets/accounts.

    Also if any benefits are involved worth trying to sort your out to retain cashflow.

    One to watch out for if you both qualified is the winter fuel allowance, the qualifying week this year was 16 to 22 September so depending when 3 weeks ago was they may mess this up.
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