 It was thought that he died intestate and there was great controversy about his estate, which was said to be near £200,000.He had in fact drafted a will bequeathing his house and property in Kensington to his "Kinsman and namesake Thomas Colby late Clerke of the Cheque of His Majesty's Yard at Portsmouth", but failed to sign or date it.That will was therefore ignored and administration of the estate was granted to his cousin Flewellin Apsley, to be divided among his heirs.