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Letters of Administration UK: How to Apply When There Is No Will

· 21 min

Note: The following scenario is fictional and used for illustration.

When Emma's partner of 18 years, David, died suddenly at age 52, she discovered he'd never made a will. Despite owning their £340,000 home together and raising two teenage children, Emma had no legal right to apply for letters of administration or inherit anything under UK intestacy rules.

David's entire estate went to his elderly parents. Emma faced the devastating reality that unmarried partners are legally strangers, regardless of how long they've lived together.

This scenario plays out thousands of times each year. With 56% of UK adults having no will, letters of administration represents approximately 12% of all probate grants issued, leaving families navigating complex legal processes at the worst possible time.

This guide explains exactly how to apply for letters of administration in the UK, who can apply, what the process involves, how long it takes, and what it costs.

Table of Contents

What Are Letters of Administration?

Letters of administration is the legal document issued by the Probate Registry that gives an administrator the authority to manage the estate of someone who died without a valid will.

When someone dies intestate (without a will), their bank accounts freeze, property cannot be sold, and assets remain locked until someone receives legal authority to act. Letters of administration provides that authority.

The administrator—the person who receives this document—has the same legal powers as an executor named in a will. They can access bank accounts, sell property, pay outstanding debts, and distribute assets to beneficiaries.

Sarah, 45, needed to sell her late brother's Manchester flat to settle his debts. Without letters of administration, estate agents and solicitors couldn't accept her instructions. Once she received the grant, she had legal proof of authority to manage every aspect of his estate.

Letters of administration is required when no valid will exists, when a will doesn't name an executor, or when the named executor cannot or will not act. The legal basis comes from the Administration of Estates Act 1925.

"Grant of representation" is the collective term for both grants of probate and letters of administration. Many people use "probate" loosely to describe the entire process, but technically, probate refers specifically to estates with valid wills.

Letters of Administration vs Grant of Probate: Key Differences

Both documents give you legal authority to manage someone's estate, but they're issued in different circumstances.

Grant of Probate Letters of Administration
Issued when there is a valid will Issued when there is no valid will
Executor named in will applies Next of kin applies
Assets distributed per will Assets distributed per intestacy rules
Can apply online or by post Must apply by post only

Both documents prove your legal right to banks, estate agents, and the Land Registry. The difference is circumstance, not function.

There's also a third scenario: letters of administration with will annexed. This applies when a will exists but the executor cannot act.

Michael named his brother Tom as executor in his will. Tom predeceased him, and the will named no substitute. Tom's widow Helen applied for letters of administration with will annexed.

Only 44% of UK adults have made a will, which means intestacy—and letters of administration—applies to the majority of estates.

Who Can Apply for Letters of Administration in the UK?

Only specific people can apply for letters of administration, and they must apply in strict legal order.

The Administration of Estates Act 1925, Section 46 sets the priority order:

  1. Surviving spouse or civil partner (even if separated, but not if divorced)
  2. Children aged 18 or over (including legally adopted children, but NOT stepchildren unless legally adopted)
  3. Parents
  4. Full siblings (same mother and father)
  5. Half-siblings
  6. Grandparents
  7. Aunts and uncles
  8. More distant relatives

CRITICAL: Unmarried partners cannot apply for letters of administration, regardless of relationship length.

Lisa and Mark were together 22 years, owned their home jointly, but never married. When Mark died intestate, Lisa could not apply for letters of administration. Mark's adult daughter from his previous marriage had to apply, and Lisa inherited nothing under intestacy rules.

If multiple people have equal priority—three adult children when there's no surviving spouse—they can apply jointly, or one can apply with the others' consent.

Stepchildren have no automatic rights unless legally adopted. Unmarried partners have no automatic rights at all, but they can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on the deceased. Claims must be filed within 6 months of the grant being issued.

When You Need Letters of Administration

You don't always need letters of administration, even when someone dies without a will.

You always need it for:

  • Selling or transferring property or land (any value)
  • Accessing estate bank accounts over the institution's threshold
  • Selling shares or investments held in the deceased's name

You may not need it if:

  • The estate is under £10,000 and contains no property, land, or shares
  • Bank accounts are below individual bank thresholds (typically £10,000-£25,000)
  • Assets were held jointly and pass automatically by survivorship
  • Assets have nominated beneficiaries (some life insurance, pensions)

Each bank sets its own threshold. An estate worth £8,500 in a single bank account with no property may not need letters of administration. However, an estate that includes a £180,000 flat always needs letters of administration to sell or transfer property.

According to GOV.UK guidance, estates under £5,000 pay no probate application fee.

How to Apply for Letters of Administration: Step-by-Step

Applying for letters of administration involves seven steps, from registering the death through to distributing the estate.

Step 1: Register the death and confirm your eligibility

Obtain the death certificate from the registrar (order 4-6 copies at £11 each). Check the priority order above—only the person with the highest priority can apply. Use the GOV.UK inheritance checker if uncertain.

Step 2: Value the entire estate

List every asset (property, bank accounts, investments, vehicles, personal possessions) and every debt (mortgage, loans, credit cards, utility bills). Calculate net estate value by subtracting total debts from total assets.

Step 3: Determine if inheritance tax is due

The nil-rate band is £325,000. If the net estate exceeds this, inheritance tax may be due. An additional residence nil-rate band of £175,000 may apply if the deceased left their home to direct descendants. Complete form IHT205 if no tax is due, or IHT400 if tax may be due.

CRITICAL: Inheritance tax must be paid BEFORE the grant is issued. You can use HMRC's direct payment scheme to pay from the deceased's bank accounts.

Step 4: Complete Form PA1A and gather supporting documents

Download the latest version of Form PA1A from GOV.UK. Provide deceased's details, administrator's details, beneficiaries entitled under intestacy rules, total estate value, and inheritance tax reference number. Complete every field accurately—any errors result in the application being returned unprocessed.

You need: original death certificate, completed inheritance tax form, proof of administrator's identity (passport/driving licence), proof of address (utility bill/bank statement within 3 months).

Step 5: Submit application

CRITICAL: You cannot apply online for letters of administration without a will. Applications must be submitted by post. Send to your nearest Probate Registry with Form PA1A, death certificate, inheritance tax form, identity documents, and £300 fee (if estate over £5,000).

Step 6: Wait for processing and receive the grant

As of December 2024, GOV.UK states applications take just over 4 weeks on average, with paper applications (required for letters of administration) taking under 15 weeks. Simple estates may be processed faster, while complex estates can take longer. The original grant arrives by post—order extra copies when applying (£1.50 each, typically need 4-6).

Step 7: Administer the estate

Close bank accounts, sell property, transfer shares, pay outstanding debts, and distribute assets according to intestacy rules. Keep detailed records—you're personally liable for any mistakes. Wait 6 months after receiving the grant before making final distributions to allow time for Inheritance Act 1975 claims.

Karen valued her late father's estate: £295,000 house, £43,000 savings, £8,000 car, minus £12,000 debts = £334,000 net. This exceeded the nil-rate band. She completed IHT400, paid £3,600 inheritance tax through the direct payment scheme, then applied.

How Long Does It Take to Get Letters of Administration?

Processing times vary significantly depending on estate complexity and application accuracy.

According to GOV.UK, probate waiting times have been reduced to just over 4 weeks on average as of December 2024. Digital applications take around 2 weeks, while paper applications (which letters of administration requires) take under 15 weeks.

Best-case scenario: Straightforward estates with no inheritance tax due and correctly completed forms may be processed faster than average.

Worst-case scenarios: Complex estates with foreign assets, disputes, or incomplete applications can take longer.

What speeds up the process: No inheritance tax due, all forms completed correctly, all supporting documents included, simple estate composition.

What delays the process: Form PA1A errors, missing documents, inheritance tax complications, foreign assets, family disputes.

Tom's straightforward case: deceased father, estate worth £240,000 (under nil-rate band), all forms correct. Grant received in 4 weeks.

Sarah's complex case: deceased partner, estate worth £680,000 including Spanish property, inheritance tax due. Grant took 22 weeks.

How Much Does It Cost to Apply?

Costs vary depending on whether you apply yourself or hire a solicitor, and whether inheritance tax is due.

Official court fees:

According to GOV.UK, the application fee is £300 for estates over £5,000. No fee if the estate is worth £5,000 or less.

Extra copies cost £1.50 each. Order 4-6 copies for most estates.

Fee exemptions and help:

Help with Fees is available if you have low income or receive benefits. Complete Form EX160.

Inheritance tax (if applicable):

Inheritance tax is 40% on the estate value above £325,000 (or £500,000 if residence nil-rate band applies). Reduces to 36% if 10%+ left to charity.

This tax must be paid BEFORE the grant is issued.

Professional fees (optional): Probate solicitors charge £650+ for full services (or 1-5% of estate value). Estate agent valuations: £100-£300 per property. RICS surveyor valuations: £250-£600. Genealogist fees: £500-£2,000+ if tracing distant relatives.

Hidden costs: Death certificate copies (£11 each, need 4-6), property insurance, ongoing mortgage/utility payments, executor insurance (£200-£500).

Cost examples: Basic DIY: £375 total. With solicitor: £1,425 total. Large estate with tax: £131,575 total.

Understanding UK Intestacy Rules

When someone dies without a valid will, the law decides who inherits. These rules are inflexible and often don't match what the deceased would have wanted.

Intestacy means dying without a valid will. Your estate is distributed according to the Administration of Estates Act 1925 as amended by the Inheritance and Trustees' Powers Act 2014.

If survived by spouse or civil partner AND children:

Spouse or civil partner receives:

Children receive:

  • 50% of remaining estate, split equally
  • If under 18, held in trust until they reach 18

James dies intestate, survived by wife Claire and two children. Estate worth £500,000.

Claire receives: Possessions + £322,000 + £89,000 (50% of £178,000 remainder) = £411,000.

Children split remaining £89,000: £44,500 each.

If survived by spouse or civil partner, NO children:

Spouse or civil partner receives the entire estate.

If NO spouse or civil partner:

Distribution follows strict priority: children, parents, full siblings, half-siblings, grandparents, aunts/uncles, Crown.

Sophie dies intestate, survived by unmarried partner Ben (15 years together) and no children. Sophie's mother inherits entire £380,000 estate. Ben receives nothing.

Who gets NOTHING under intestacy:

  • Unmarried partners, regardless of relationship length
  • Stepchildren (unless legally adopted)
  • Friends, carers, and charities

Unmarried partners can make a claim under the Inheritance Act 1975 if financially dependent, but must file within 6 months of the grant.

Common Mistakes and How to Avoid Them

Administrators are personally liable for mistakes. Even genuine errors can cost you thousands.

Form PA1A errors: Any mistakes mean the application is returned unprocessed, adding weeks or months. Double-check every field, have someone else review, and compare details against the death certificate.

Not paying inheritance tax before applying: Grant cannot be issued until tax is paid. Calculate tax early and use HMRC's direct payment scheme.

Incorrect estate valuation: Administrators are personally liable for inheritance tax underpayment. Get professional property valuations and never estimate values for tax purposes.

Helen valued her aunt's estate at £320,000 using online estimates. Professional valuation revealed £365,000. HMRC investigated. Helen was personally liable for £18,000 underpaid tax plus penalties.

Distributing estate too quickly: Inheritance Act claims can be made within 6 months of the grant. If you've distributed assets, you're personally liable to repay. Wait 6 months after receiving the grant before making final distributions.

Assuming you can apply as unmarried partner: Unmarried partners cannot apply, regardless of relationship length. Check the priority order carefully.

Not ordering enough copies: Each institution needs an original copy. Most estates need 4-6 copies at £1.50 each—order extras upfront to avoid reordering delays.

Can You Renounce Letters of Administration?

Yes, but only before you've "intermeddled" in the estate—carried out administrator tasks like closing bank accounts, selling assets, paying debts, or distributing possessions. Arranging the funeral, notifying utility companies, and securing property don't count as intermeddling.

You might renounce if you live far from estate property, don't have time or expertise, face family conflict, have health issues, or have conflicts of interest.

How to renounce: Complete Form PA15 from GOV.UK. Sign before witness. Submit to Probate Registry. Give copy to person who will administer instead.

Important consequences: Permanent (cannot reverse without court order). You lose right to administer entirely (but not your beneficiary rights if you inherit). Person with next highest priority can then apply.

Alternative: Reserving power allows you to temporarily step aside without permanently giving up rights. Other administrator acts now while you retain right to apply later.

Claire is entitled to administer father's estate but lives in Australia. She renounces using Form PA15. Brother David (next in priority) applies instead.

Getting Professional Help

Deciding whether to apply yourself or hire a solicitor depends on estate complexity, your confidence, and whether inheritance tax is due.

When DIY makes sense: Simple estate (one property or just bank accounts), value under nil-rate band (no tax), no family disputes, comfortable with paperwork.

When professional help is essential: Value significantly over nil-rate band, foreign assets, business assets, family disputes, anticipated Inheritance Act claims, mistakes on first attempt.

Types of professional help:

  • Probate solicitor (full service): £650+ (typically 1-5% of estate value). Completes all forms, liaises with HMRC, obtains grant, administers entire estate.
  • Probate practitioner (application only): £300-£500. Completes forms and obtains grant. You administer estate yourself afterward.
  • Estate valuation specialist: £250-£600 (RICS surveyor). Professional date-of-death valuations for tax purposes.
  • Genealogist: £500-£2,000+. Traces missing beneficiaries when deceased has no known close relatives.

Check Law Society Find a Solicitor directory for probate specialists. Get fixed-fee quotes.

Robert's estate: £240,000 house, £32,000 savings, no tax, two children, no disputes. DIY cost: £375. Time: 20 hours over 3 months.

Margaret's estate: £890,000 including French apartment, £226,000 tax, complex reliefs, family dispute. Solicitor cost: £8,500. Saved estimated £40,000 in tax, prevented litigation.

Frequently Asked Questions

Q: What are letters of administration in the UK?

A: Letters of administration is a legal document issued by the Probate Registry that gives you the legal right to manage the estate of someone who died without a valid will. It serves the same purpose as a grant of probate, but is used specifically when there is no will or when the named executor cannot act. The administrator has the legal authority to access bank accounts, sell property, pay debts, and distribute assets according to intestacy rules.

Q: Who can apply for letters of administration?

A: The person with the highest priority under intestacy rules can apply. This follows strict legal order: surviving spouse or civil partner first, then children aged 18 or over (including legally adopted children but not stepchildren), then parents, then siblings, then more distant relatives. Unmarried partners cannot apply, even if they lived with the deceased for many years.

Q: How long does it take to get letters of administration in the UK?

A: As of December 2024, the Probate Registry states that applications take just over 4 weeks on average. Digital applications (not available for letters of administration without a will) take around 2 weeks, while paper applications take under 15 weeks. Simple estates with no inheritance tax due and correctly completed forms may be processed faster, while complex estates with multiple properties, foreign assets, or tax complications can take longer.

Q: How much does it cost to apply for letters of administration?

A: The application fee is £300 if the estate is valued over £5,000. No fee if £5,000 or less. Additional copies cost £1.50 each. You may need to pay inheritance tax before the grant is issued, and legal fees if using a solicitor (typically £650+). You can apply for help with fees if you have low income or receive certain benefits.

Q: What's the difference between letters of administration and grant of probate?

A: Grant of probate is issued when there's a valid will and gives authority to the named executor. Letters of administration is issued when there's no valid will (or executor cannot act) and gives authority to the administrator, usually next of kin. Both serve the same legal function. With probate, assets are distributed per will instructions; with letters of administration, per intestacy rules set out in the Administration of Estates Act 1925.

Q: Can I apply for letters of administration if my partner died without a will?

A: Only if you were married or in a registered civil partnership. Unmarried partners have no automatic right to apply or inherit under intestacy rules, regardless of how long you lived together. However, unmarried partners who were financially dependent can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 within 6 months of the grant being issued.

Q: Do I need letters of administration if the estate is small?

A: You may not need it if the estate is below £10,000 and contains no land, property, or shares. Many banks will release funds without seeing a grant if the account balance is below their threshold (typically £10,000-£25,000, varies by institution). However, you always need letters of administration to sell or transfer property, regardless of value.

Q: What happens if I make a mistake when applying for letters of administration?

A: If the PA1A form contains errors or missing information, the Probate Registry will return your application unprocessed, causing significant delays. More seriously, administrators are personally liable for any mistakes made when managing the estate, including incorrect inheritance tax calculations or distributing assets to wrong beneficiaries. Even genuine errors can result in financial liability. If the estate is complex or you're uncertain, seek professional legal advice.

Q: How long do I have to apply for letters of administration after someone dies?

A: There's no strict legal deadline. However, apply as soon as reasonably possible because you cannot access estate assets until the grant is issued. If inheritance tax is due, HMRC charges interest on unpaid tax after 6 months from death. If anyone wants to challenge distribution under Inheritance Act 1975, they must do so within 6 months of grant being issued, so delays prolong uncertainty.

Q: Can I renounce my right to apply for letters of administration?

A: Yes, by completing Form PA15 (Renunciation of Probate Rights) and submitting it to the Probate Registry. However, you can only renounce if you haven't 'intermeddled' in the estate (carried out executor tasks like closing bank accounts). Arranging the funeral doesn't count as intermeddling. Renunciation is permanent and cannot be reversed without a court order. If you renounce, the next person in priority order can then apply.

Conclusion

Applying for letters of administration when someone dies without a will is a legally complex process that comes at the worst possible time. Here's what to remember:

  • Check if you're entitled to apply using the strict priority order: spouse or civil partner first, then children 18 or over, then parents, then siblings. Unmarried partners cannot apply regardless of relationship length.
  • Value the estate accurately and determine inheritance tax liability before applying. Mistakes create personal financial liability that can cost thousands from your own money.
  • Complete Form PA1A carefully with all supporting documents. Applications must be submitted by post (no online option) and errors will be returned unprocessed, adding weeks to the process.
  • Expect processing times of just over 4 weeks on average (as of December 2024), though paper applications can take under 15 weeks. Complex estates or those with inheritance tax due may take longer. Plan ahead for frozen accounts and ongoing bills during this period.
  • Consider professional help if the estate is complex, inheritance tax is due, or you're uncertain about any step. Solicitor fees of £650+ can prevent costly mistakes and reduce stress during grief.

Understanding letters of administration doesn't make losing someone easier. But knowing the process, your rights, and the pitfalls to avoid can reduce some of the overwhelm when you're already dealing with grief.

Need Help with Your Will?

Seeing what families go through when there's no will makes one thing clear: creating a will isn't just about you—it's about protecting the people you love from legal complexity and uncertainty during the worst time of their lives. Letters of administration is just one example of how dying intestate turns grief into bureaucratic stress.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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