When someone dies without a valid will, no executor has been appointed to deal with their estate. Letters of administration are the legal document that fills that gap – they grant you the authority to collect assets, pay debts, and distribute the estate to the people entitled to inherit under intestacy rules.
Without letters of administration, banks, the Land Registry, and other institutions will not release the deceased’s assets to you. The application is made to the Probate Registry (part of HMCTS) and, once granted, gives you the same legal powers as an executor would have had under a will.
Quick reference
- When needed: someone died without a will, or the named executor cannot or will not act
- Who applies: the closest living relative, in priority order (spouse first, then children, then parents, etc.)
- Form to use: PA1A (no will) or PA1P with letters of administration with will annexed
- Application fee: £300 for estates over £5,000; free for estates of £5,000 or less
- Additional copies: £16 each (order several at the time of application)
- Typical wait: 12 weeks from submission, per gov.uk
- Key source: gov.uk – Applying for probate: if there is not a will (verified April 2026)
This guide explains when letters of administration are needed, who can apply, how the process works, and what to expect.
What are letters of administration?
Letters of administration are a grant issued by the Probate Registry that gives a named person – the administrator – legal authority to deal with a deceased person’s estate. They are the intestacy equivalent of a grant of probate, which is issued when someone dies with a valid will.
The terms are often confused. The key distinction is straightforward:
| Situation | Grant issued | The person dealing with the estate is called |
|---|---|---|
| Valid will naming executors | Grant of probate | Executor |
| No will | Letters of administration | Administrator |
| Will exists, but no executor can or will act | Letters of administration with will annexed | Administrator |
Once granted, letters of administration carry exactly the same legal weight as a grant of probate. The administrator can open estate bank accounts, sell property, pay creditors, and distribute the estate. The difference is that the estate must be distributed under intestacy rules rather than the terms of a will.
When do you need letters of administration?
Letters of administration are needed in three main situations.
When someone dies without a will. This is the most common scenario. If the deceased died intestate – without a valid will – no executor was ever appointed, so a court grant is required before the estate can be dealt with. Whether probate is required for the specific estate is a separate question (see our guide on whether you need probate), but if it is required, letters of administration is the correct route.
When the will does not name an executor, or all named executors have died. A will that fails to name an executor, or where every named executor has predeceased the testator, leaves the estate without anyone to apply for a grant of probate. Letters of administration with will annexed are issued instead – the estate is administered, but the terms of the will are still followed.
When the named executor renounces or cannot act. An executor may formally give up the role by signing a deed of renunciation using form PA15 (gov.uk – Give up probate executor rights). An executor who has already started dealing with the estate (“intermeddled”) cannot renounce. If all executors renounce or are unable to act (for example due to mental incapacity, evidenced on form PA14), the estate requires letters of administration with will annexed.
Who can apply for letters of administration?
When there is no will, the right to apply follows a strict priority order set out in Rule 22 of the Non-Contentious Probate Rules 1987. You can only apply if nobody in a higher priority category is alive and willing to act – or if they formally renounce their right to apply.
| Priority | Who can apply | Notes |
|---|---|---|
| 1 | Surviving spouse or civil partner | Includes separated spouses. Does not include unmarried partners, regardless of relationship length |
| 2 | Children aged 18 or over | Includes legally adopted children. Does not include stepchildren unless legally adopted. If a child has died, their children (the grandchildren) can apply in their place |
| 3 | Parents | Either surviving parent may apply |
| 4 | Whole blood siblings (or their children) | Full brothers and sisters; if they have died, their children may apply |
| 5 | Half blood siblings (or their children) | Half brothers and sisters share only one parent with the deceased |
| 6 | Grandparents | Any surviving grandparent |
| 7 | Whole blood aunts and uncles (or their children) | Full aunts/uncles; their children (cousins) may apply if the aunt/uncle has died |
| 8 | Half blood aunts and uncles (or their children) | Same as above for half-blood relatives |
If nobody in any of these categories survives, the estate passes to the Crown as bona vacantia, and the Treasury Solicitor (Government Legal Department) administers it.
An important point for cohabiting partners: if you lived with the deceased as a couple but were not married or in a civil partnership, you have no automatic right to apply for letters of administration. You also have no automatic entitlement to inherit under intestacy rules. You may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but you should take legal advice on this.
How to apply for letters of administration
The application process for letters of administration follows the same route as a probate application – either online or by post through the Probate Registry. For most people dealing with a straightforward intestate estate, applying without a solicitor is entirely possible.
Step 1: Value the estate. Before you can apply, you need to establish the value of the estate – all assets less all debts. This includes property, bank accounts, investments, vehicles, and personal possessions, minus any mortgage, loans, and liabilities. You will need this figure to determine whether inheritance tax is due and to complete the application form.
Step 2: Deal with inheritance tax first (if applicable). If the estate is above the inheritance tax threshold, you must submit your inheritance tax return to HMRC and pay any tax owed before the Probate Registry will issue the grant. For most intestate estates where the surviving spouse inherits everything, no IHT will be due. Where IHT is payable, form IHT400 is required. Where the estate is clearly below the threshold, the simpler form IHT205 (or IHT217 for transferred nil-rate band claims) applies. See our guide to inheritance tax for the thresholds.
Step 3: Complete form PA1A. The PA1A is the application form for letters of administration when there is no will. It asks for the deceased’s details, your details as the applicant, information about the estate value, and confirmation that you are the person entitled to apply. You can apply online via the HMCTS probate service or download the paper form from gov.uk – Applying for probate.
Step 4: Submit your application. Send the completed PA1A, the original death certificate (or a certified copy if the death occurred outside England and Wales), and any required IHT forms to the Probate Registry by post, or submit online. The £300 application fee is paid at this stage if the estate is worth over £5,000.
Step 5: Swear or affirm the oath. The Probate Registry will contact you to sign a statement of truth (previously called the oath) confirming the details in your application. This can now be done by post rather than requiring an appearance before a commissioner.
Step 6: Receive the grant. Once the Probate Registry is satisfied, they issue the letters of administration. You will receive the original grant plus any additional copies you ordered.
What documents do you need?
| Document | Details |
|---|---|
| Form PA1A | The intestate probate application form. Available online at gov.uk or from the Probate Registry |
| Original death certificate | Required if the death occurred outside England and Wales, or if you have an interim coroner's certificate. Otherwise the Probate Registry can verify with the General Register Office |
| IHT form | IHT205 for estates below the threshold; IHT400 if inheritance tax is payable. IHT400 must be submitted and any tax paid before the grant is issued |
| Estate valuation | A summary of all assets and liabilities as at the date of death. Property valuations from an estate agent or RICS surveyor; bank and investment account balances from the institutions |
| Additional copies | Extra sealed copies of the letters of administration cost £16 each (gov.uk – Applying for probate: fees, verified April 2026). You typically need one copy per bank and per major asset holder – order several at the time of application |
How much does it cost?
The Probate Registry fee for letters of administration is £300 if the estate is worth more than £5,000. There is no fee if the estate is worth £5,000 or less (gov.uk – Applying for probate: fees, verified April 2026).
Additional sealed copies of the grant cost £16 each. You typically need one copy for each bank, building society, investment platform, or other institution holding assets – order several at the time of application rather than paying for additional copies later.
If you use a solicitor to handle the application and administration, their fees will be on top. Solicitor fees for probate typically range from 1–4% of the estate value, though some firms charge a fixed fee. For a straightforward intestate estate, many people handle the application themselves. See our guide to probate costs for a fuller breakdown.
How long does it take?
Once you submit your application to the Probate Registry, you will typically receive letters of administration within 12 weeks, according to gov.uk (Applying for probate – after you’ve applied).
In practice, total timelines vary:
- Simple estates where no IHT is due: The Probate Registry stage (after submission) is typically 8–16 weeks for paper applications. The pre-application stage – gathering valuations, completing forms, dealing with HMRC if required – can add weeks or months.
- Estates where IHT is due: You must pay the tax before the grant is issued. HMRC processing times, plus arranging payment (sometimes requiring a loan, since the assets are frozen), can add several months to the process.
- Contested or complex estates: Any dispute over who has the right to apply, or questions about the validity of a will, can significantly extend timelines.
The Probate Registry has experienced backlogs in recent years. For current waiting times, check the HMCTS service updates or call the Probate Call Centre on 0300 303 0648. For more detail on the overall probate timeline from start to finish, see our guide to how long probate takes.
What can you do once letters of administration are granted?
Once the Probate Registry issues the letters of administration, you – as the administrator – have the same legal powers that an executor has under a grant of probate. Specifically, you can:
- Open an estate bank account in your name as administrator
- Contact financial institutions to transfer or close accounts
- Apply to the Land Registry to transfer or sell property
- Collect debts owed to the estate
- Pay the estate’s debts and liabilities
- Distribute the remaining estate to the people entitled under intestacy rules
You also take on the same personal responsibilities as an executor, including liability for any mistakes or misapplication of estate funds (known as devastavit). You should keep careful records of all estate transactions.
What you cannot do before the grant is issued: Until you receive the letters of administration, you have no legal authority to deal with the estate. You cannot access bank accounts in the deceased’s name, sell property, or instruct solicitors to act on behalf of the estate (beyond making the application itself). The one exception is arranging and paying for the funeral – this can be done before the grant is issued.
Letters of administration with will annexed
When a will exists but there is no valid executor available to act, the court issues a variant called letters of administration with will annexed (sometimes written as “cum testamento annexo” or CTA). This grant is less common but important to understand.
It arises in several situations:
- The will names an executor, but that person has died before the testator
- Every named executor has formally renounced their appointment
- Every named executor lacks mental capacity to act (evidenced by form PA14)
- The will fails to name an executor at all
In these cases, someone entitled under the will – typically the main beneficiary – applies for the grant using form PA1P (the same form used for a standard grant of probate). The key difference from a standard grant of probate is that the applicant has no prior appointment under the will; their right to administer flows from their beneficial entitlement and the court’s grant.
The estate is still distributed according to the terms of the will. Letters of administration with will annexed do not override the testator’s wishes – they simply provide the legal mechanism to carry them out when no executor can do so.
Letters of administration vs grant of probate: what is the difference?
The practical difference between the two grants is smaller than many people assume. Both give the holder legal authority to administer an estate. The key differences are:
- Who can apply: A grant of probate can only be obtained by an executor named in a valid will. Letters of administration are for intestate estates (no will), following the priority order above.
- How the estate is distributed: Executors distribute the estate according to the will. Administrators distribute according to intestacy rules – the fixed statutory scheme set out in the Administration of Estates Act 1925.
- The application form: PA1P (probate, with a will) versus PA1A (letters of administration, no will).
- IHT treatment: The tax calculation may differ significantly. A will can leave assets to a spouse or civil partner tax-free; under intestacy, the spouse automatically inherits the first £322,000 plus half the remainder, but children receive the other half – which may complicate the IHT position for larger estates.
In terms of the Probate Registry process, the steps are almost identical. If you need guidance on the process for an estate with a will, see our guide to how to apply for probate. For a side-by-side comparison of letters of administration and grant of probate – including which document you need and why – see our guide to grant of probate vs letters of administration.
Common questions
Can you do anything with the estate before letters of administration are issued?
No, not for financial assets. Banks and the Land Registry will not act on your instructions until you can produce the grant. You can, however, arrange and pay for the funeral – this is treated separately and does not require a grant. If the estate is very small and the only assets are cash held directly, some institutions may release funds without a grant, but this is at their discretion.
What if you need to pay estate debts urgently while waiting for the grant?
The estate’s assets are frozen, but debts still accrue. If mortgage payments or other liabilities need to be met urgently, you may need to advance funds from your own money and reclaim them from the estate once the grant is issued. A solicitor can advise if there are urgent creditor pressures.
What if someone disputes your right to apply?
If a person with equal or higher priority objects to your application, or if there is a dispute about whether the deceased left a valid will, the Probate Registry may issue a caveat – a stop on the grant being issued while the matter is resolved. Disputed applications can require court proceedings. If this is a possibility, take legal advice before applying.
Can a minor apply for letters of administration?
No. Under the Non-Contentious Probate Rules 1987, a person under 18 cannot take a grant. If the highest-priority person is a child, a parent or guardian can apply instead, usually as a trustee, until the child reaches 18.
What if nobody applies?
If nobody in the priority order comes forward to administer the estate within a reasonable period, a creditor of the estate may apply, or the Treasury Solicitor may apply on behalf of the Crown. In practice, if a relative is entitled to inherit, the Probate Registry expects them to apply.
Getting help
Most straightforward intestate estate applications can be handled without a solicitor. The HMCTS online probate service walks you through the process, and the Probate Call Centre (0300 303 0648) can answer procedural questions.
If the estate is complex – significant property, business interests, disputes between potential administrators, or IHT complications – taking advice from a solicitor or a licensed probate practitioner is worth the cost. The Society of Trust and Estate Practitioners (step.org) and the Solicitors for the Elderly (sfe.legal) maintain directories of qualified practitioners.
Sources: gov.uk – Applying for probate: if there is not a will; gov.uk – Applying for probate: fees (verified April 2026); Non-Contentious Probate Rules 1987, Rule 22; Administration of Estates Act 1925; gov.uk – Give up probate executor rights (PA15)