We don't use the word "probate" as you did here; we do not "have probates." The answer to your question is that there were deaths with wills - "testate" - which were "executed" by an executor/executrix - "intestate" - which were/are "administered" by an administrator/adminitratrix since almost time imemorial - at least a thousand years in UK. (there also are "administrations wwa" (an administration which includes a will which for some legal reason in inoperative, yet not void as to its terms). The court might - and often did - declare that an intestate estate was "without assets" and order that an administration of it should be "waived." Othewise, the law required that action by the court take place for exactly the reasons you suggested; when you die every known asset MUST be the subject of transfer to someone. That someone is quite usually a relative or so, since the dead can't do anything ever again, and we don't think title to any property should be left floating around in the heir. Such estates without assets were quite usually noted in the courts' minutes/entries for that county. Families have always carried off part of the personal property; it is overlooked by the law usually, unless the items are of great value or another heir complains to the court. Paul ----- Original Message ----- > Hi, > Could someone please answer for me what would happen if > in the 1800's a person who own property died and didn't leave a will? Did they have probate at that time or did the family just divide everything among themselves? Wouldn't they have to change ownership or something? > > Thanks, > Quan