When someone dies without a valid will — or when the executor named in a will cannot or will not act — the estate still needs to be administered. In these situations, the Probate Registry issues Letters of Administration rather than a Grant of Probate.
Letters of Administration give the holder — called the administrator — the legal authority to collect the deceased’s assets, pay debts, and distribute the estate.
When Are Letters of Administration Required?
| Situation | Document issued | Name of holder |
|---|---|---|
| Valid will, executor applies | Grant of Probate | Executor |
| No will (intestacy) | Letters of Administration | Administrator |
| Will exists but executor dead/refuses to act | Administration with Will Annexed | Administrator |
| Will exists, executor lacks capacity | Administration with Will Annexed | Administrator |
In all cases, the document is a Grant of Representation — the term that covers both Grants of Probate and Letters of Administration.
Priority Order for Applicants (Intestacy)
When no will exists, who has the right to apply follows the intestacy rules under the Non-Contentious Probate Rules 1987:
| Priority | Who can apply |
|---|---|
| 1st | Surviving spouse or civil partner |
| 2nd | Children (over 18) or grandchildren (if children deceased) |
| 3rd | Parents |
| 4th | Brothers and sisters of whole blood (or their children) |
| 5th | Brothers and sisters of half blood (or their children) |
| 6th | Grandparents |
| 7th | Uncles and aunts (whole blood), or their children |
| 8th | Further relatives in similar pattern |
| Last resort | Crown (via Treasury Solicitor) as bona vacantia |
The person with highest priority applies. If they are unwilling, they can renounce and the right passes to the next in line. Two or more people with equal priority (e.g., two adult children) may apply as co-administrators.
Unmarried partners have no automatic right to apply — even after a long cohabitation. They would need to be named in the priority list (which they are not), or obtain a court order.
The Application Process
Letters of Administration follow almost the same process as applying for a Grant of Probate, with one key difference: there is no will to submit.
Step 1: Complete the inheritance tax return
Before applying, you must establish the value of the estate and complete either:
- IHT205 — for simpler estates below the IHT threshold
- IHT400 — for larger or more complex estates
If IHT is payable, it must be paid (or at least started) before the Probate Registry grants administration.
Step 2: Submit form PA1A
Apply online at GOV.UK or download form PA1A (used for intestate estates). This is distinct from form PA1P (used when there is a will). You will need:
- Certified death certificate (or the original from the register office)
- Completed IHT form (IHT205 or proof of IHT400 submission reference)
- Your identity documents
Step 3: Pay the application fee
| Estate value | Fee |
|---|---|
| £5,000 or under | Free |
| Over £5,000 | £300 |
Sealed copies of the Letters of Administration cost an additional £1.50 each. Order at least 6 — each bank and institution needs one.
Step 4: Processing
The Probate Registry typically takes 8–16 weeks from receipt of a complete application. The registry may request further information or documents.
Step 5: Receive the Letters of Administration
Once issued, use the sealed copies to access accounts, sell or transfer property, and administer the estate in accordance with the intestacy rules.
Administration with Will Annexed
If a will exists but the executor cannot act, the court issues Letters of Administration with Will Annexed (administration cum testamento annexo). Key points:
- The will still governs distribution — the beneficiaries named in the will inherit in the normal way
- The administrator must follow the will’s provisions (unlike full intestacy, where the intestacy rules govern)
- Priority for who can apply: residuary beneficiaries under the will come first, then specific beneficiaries, then creditors
This situation arises when:
- The named executor has died before applying for probate
- The executor lacks mental capacity
- The executor is a minor at the time of the testator’s death
- The executor has formally renounced probate (Form PA17)
- The will names no executor
Renouncing the Right to Administer
Any person entitled to apply can formally renounce their right by filing:
- Form PA15 — renunciation by a person entitled to Letters of Administration (intestacy)
- Form PA17 — renunciation by an executor named in a will
Renunciation must be voluntary and made before intermeddling in the estate (taking any step to administer it). Once filed, it is generally permanent.
After renunciation, the right passes to the next person in the priority order. If no one is willing to act, the Probate Registry can pass administration to HMRC or allow a professional (solicitor or professional administrator) to be appointed.
Costs and Timelines at a Glance
| Step | Approximate timescale |
|---|---|
| Establish estate value | 2–6 weeks |
| Submit IHT form | Week 4–8 |
| Apply for Letters of Administration | Week 6–10 |
| Registry processes application | 8–16 weeks from submission |
| Letters issued | Month 3–6 from death |
| Full estate administration | 9–24 months from death |