How to claim an unclaimed estate in the UK: Probate and bona vacantia explained

When someone dies without a Will and any living relatives in the UK, their estate may become an unclaimed estate. If no relatives come forward to claim the estate, it is passed to the Crown under Bona Vacantia law. This guide explains the basics of unclaimed estates, how to make a claim, refer an estate and keep your own affairs in order to prevent this from happening to you.

What is Bona Vacantia?

Bona Vacantia is a legal term that means “ownerless goods.” In the UK, it refers to property left behind by someone who dies without a valid will and without any surviving relatives. When this happens, the law treats the estate as unclaimed and transfers it to the Crown – but not by default.

The rules around Bona Vacantia are designed to prevent property from being left in limbo. Once an estate is declared as such, it is handled by a government department or Duchy, depending on where the person lived.

What happens to unclaimed estates in the UK?

If an estate is unclaimed, it doesn’t immediately belong to the government. First, it is added to the Bona Vacantia list, which is publicly available. This allows time for any entitled relatives to come forward and make a claim.

If no one claims the estate within 30 years, it becomes the permanent property of the Crown. Until then, the estate is held in trust and can be claimed by anyone who proves they are entitled under intestacy laws. However, it is worth mentioning that interest only accrues on money held for claims made within 12 years of the administration’s completion

Who represents the Crown for unclaimed estates?

In England and Wales, unclaimed estates are handled by the Bona Vacantia Division (BVD) of the Government Legal Department. This department manages most estates when there are no heirs.

However, if the person lived in Lancashire, Merseyside, or Greater Manchester, their estate may fall under the Duchy of Lancaster. If they lived in Cornwall, it would be dealt with by the Duchy of Cornwall. These Duchies act as representatives of the Crown in those regions.

Each of these bodies is responsible for administering the estate, accepting claims, and advertising unclaimed properties to the public.

Who handles unclaimed estates?

Identifying and tracing unclaimed estates

How can I find out if there’s an unclaimed estate in my family?

The list of unclaimed estates was previously available on the GOV.UK website, where it was updated daily.

However, as of July 2025, the government has temporarily removed this list due to concerns over fraud and misuse.

While the page remains live, you cannot currently view the full list of estates. The Government Legal Department is reviewing its publication policy.

You may still be able to make enquiries or trace possible entitlements with the help of probate specialists or genealogical researchers.

How can I check if I’m an entitled relative?

UK intestacy rules decide who qualifies. Spouses, children, siblings, and nieces or nephews may be entitled to a share. The closer your relationship to the deceased, the higher your priority.

If you’re unsure, you can build a family tree with the help of a tracing services or heir hunters to see if you qualify. You will need to provide documents like birth and marriage certificates to support your claim.

Can I still inherit if I’m adopted?

Yes, adopted individuals are treated the same as biological children under intestacy law. However, biological children who were adopted by other families are usually not entitled to claim from their birth relatives’ estates.

If you were adopted and believe you’re related to the deceased, you’ll need to show adoption records and proof of your connection.

How do I find beneficiaries for unclaimed assets?

If you suspect you’ve found an unclaimed estate linked to your family, you may need to trace other relatives too. Genealogical tracing services or probate researchers (sometimes called “heir hunters”) can help identify family members who may be jointly entitled.

These services often use historical records, censuses, and public archives to verify claims and complete family trees.

Making a claim on an estate

How can I make a claim on an unclaimed estate?

If you believe you’re entitled to inherit from an unclaimed estate, you’ll need to gather evidence to prove your relationship to the deceased.

The process involves:

1. Verifying the estate is still open for claims.
2. Proving your entitlement under intestacy laws.
3. Submitting your claim to the relevant authority (either the Bona Vacantia Division or the appropriate Duchy).

There’s no fee to make a claim yourself, but if you’re unsure about the process or need help gathering evidence, our experienced probate solicitors can guide you through every step and improve your chances of a successful claim.

What evidence do I need to claim an unclaimed estate?

You’ll need documents that prove your identity and your relationship to the deceased. These usually include:

• Full birth certificates
• Marriage or adoption certificates
• Death certificates (where relevant)
• A documented family tree (if there are multiple heirs)

If several people have the same level of entitlement, all must agree on how to proceed. Claims with incomplete or unverified documents are likely to be rejected.

Can I still make a claim if I am not a relative?

If you’re not related by blood or marriage, you typically can’t inherit under intestacy law. However, professionals such as solicitors, genealogists, or asset tracing firms can submit claims on behalf of legitimate heirs once authorised.

In rare situations, such as when you paid for the funeral or cared for the deceased, you may be able to recover certain expenses from the estate, but this does not give you rights to the inheritance.

Referring an estate

How do I refer an estate to the Crown?

If you come across someone who may have died without known relatives or a will, and their estate appears unclaimed, you can report it. Referring an estate involves providing key information to the relevant authority so that it can be reviewed and, if appropriate, added to the government’s records.

You don’t need to be related to refer an estate. Anyone, neighbours, landlords, care workers, or professionals, can do it. You’ll need details such as the deceased’s full name, date of death, and last known address. The authority may ask for supporting documents to verify the referral.

Anthony Gold refer estates to the Bona Vacantia Division on a regular basis. If you require assistance in referring the estate of a friend who has passed away without a Will or any known family members, it is worth getting in touch with us today.

What qualifies as an estate worth referring?

An estate is typically worth referring if the deceased appears to have left behind money, property, or other assets, and there are no obvious next of kin. This could include bank balances, a house, personal belongings, or shares.

Estates that are clearly insolvent or have no remaining value after debts are settled are usually not eligible. If you’re unsure, a probate solicitor can help you assess whether an estate meets the criteria.

It is worth noting that the Government Legal Department only handle estates worth at least £500.

Who should I contact about an unclaimed estate?

The Bona Vacantia Division (BVD) handles most referrals in England and Wales. For individuals who lived in Cornwall, contact the Duchy of Cornwall. If the deceased lived in Lancashire, Merseyside, or Greater Manchester, contact the Duchy of Lancaster.

Each of these bodies has its own referral process, usually via online forms or email. A solicitor can help ensure the referral is made correctly, with the right documentation.

Financial and legal considerations

How do I find out the value of an unclaimed estate?

To assess an estate’s value, you’ll need to gather details of all known assets and debts. This includes property, bank accounts, pensions, shares, and any outstanding liabilities such as loans or taxes.

Some information can be obtained through formal requests to banks or institutions once you have legal authority (like a grant of probate). Valuation is a crucial step, especially when determining inheritance tax or dividing assets among beneficiaries.

If you’re unsure where to begin, our probate solicitors can help you identify, trace, and value estate assets accurately and efficiently.

What debts must be settled before distributing an estate?

Before any beneficiaries can receive their share, the estate must settle all outstanding debts. These can include:

• Funeral costs
• Mortgage or loan repayments
• Credit card balances
• Utility bills or rent arrears
• Taxes owed to HMRC

Executors or administrators are legally responsible for ensuring all debts are paid in the correct order of priority. If debts are overlooked or the estate is mishandled, the person in charge could become personally liable.

Seeking legal guidance ensures that this critical step is completed properly and protects you from potential risk.

How can I avoid my estate going unclaimed?

The best way to ensure your estate doesn’t fall into Bona Vacantia is to make a legally valid will. This gives you control over who inherits your assets and allows you to name an executor to carry out your wishes.

It’s also important to keep your will up to date, especially after major life changes like marriage, divorce, or the birth of children. Inform your family where your will is stored and consider using a solicitor to ensure it meets all legal requirements.

Need to make or update a will?

Our experienced team can draft a legally sound will tailored to your wishes, giving you peace of mind and protecting your loved ones from unnecessary complications.

What happens if no one claims the estate?

If no valid claim is made within the statutory time limit, the estate becomes the permanent property of the Crown. The government does not proactively distribute unclaimed estates, it’s up to potential heirs to come forward and prove their right.

This is why early action is vital. If you suspect you may have a connection to an unclaimed estate or want to protect your own estate from being lost, professional advice can make all the difference.

Additional resources and FAQs

Are there time limits for claiming an unclaimed estate?

Yes. You typically have 12 years from when the estate was dealt with by the Crown to make a claim that includes interest. After that, you may still apply for a discretionary payment up to 30 years after the person’s death, though interest usually won’t apply.

If you’re unsure how much time you have left or whether you still qualify, it’s worth speaking to someone who can review your situation and help you act within the deadline.

What happens if no one claims the estate?

If no one comes forward within the legal timeframe, the estate passes permanently to the Crown, Duchy of Lancaster, or Duchy of Cornwall. Property may be sold, and other assets absorbed into government funds.

Sadly, many estates go unclaimed not because there are no heirs, but because relatives didn’t realise they had a right to claim. A bit of timely advice can make all the difference.

How does my area fare when it comes to unclaimed estates?

Urban areas like London, Birmingham, Liverpool, and Manchester often have higher numbers of unclaimed estates. That’s typically due to large, transient populations and people passing away without close relatives nearby.

Even if someone lived far from you, it’s possible to have a valid connection through shared ancestry. Tracing that link may involve more than just online searches, but help is available if you want to explore it further.

Where can I get help with probate, claims, or estate planning?

Whether you’re dealing with a loved one’s estate, believe you may be entitled to a share, or want to avoid your own estate going unclaimed, having the right legal guidance makes things simpler and more secure.

You don’t have to go it alone, especially when paperwork, timelines, or family relationships get complicated. A supportive legal team can save time, reduce stress, and help ensure everything is handled properly from the start.

Conclusion

Probate and Bona Vacantia can feel daunting at first, especially when you’re dealing with legal processes, missing documents, or unanswered questions about entitlement. But with the right knowledge, it’s entirely possible to navigate these situations with confidence.

Whether you’re exploring an unclaimed estate, referring one to the Bona Vacantia Division or your local Duchy, applying for probate, or simply making sure your own affairs are in order, taking early and informed action is key.

Every estate tells a story. If you think you might be part of one, or want to ensure your own legacy is protected, don’t hesitate to seek guidance. A bit of support now can save time, protect your rights, and bring peace of mind for the future.