Letters of Administration UK: How to Apply (2026)

At a glance

• What it is: a Grant of Letters of Administration is the Probate Registry's authority for someone (the "administrator") to deal with the estate of a person who died without a valid will, or whose will has no executor able or willing to act.
• Who applies first: under rule 22 of the Non-Contentious Probate Rules 1987, a surviving spouse or civil partner has first priority, then children, then parents, then siblings, then more distant relatives, in that order.
• What the spouse or civil partner gets (with children): personal possessions, a statutory legacy of £322,000 (for deaths on or after 26 July 2023, under the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 — check GOV.UK for the current figure), plus half of anything left over.
• Application fee: GOV.UK confirms £526 for estates over £5,000; no fee for estates of £5,000 or less (verify current rates on GOV.UK before budgeting).
• The form: applications use form PA1A (no will) rather than PA1P (used where there is a will).
• Unmarried partners: have no automatic right to inherit under intestacy, regardless of how long the relationship lasted.
• Personal liability: an administrator is personally liable for mistakes made in collecting in and distributing the estate, so care over each step matters.

What a Grant of Letters of Administration actually is

A Grant of Letters of Administration is the court-issued authority that lets someone step in and handle the estate of a person who has died without a valid will, or whose will does not produce a workable executor. The person who takes on this role is called an administrator.

Their job is to collect in the assets, settle any debts and tax liabilities, and then distribute what remains to the relatives entitled under the statutory rules of intestacy. Unlike an executor, an administrator is not chosen by the person who died — they are identified by law, based on their relationship to the deceased and the order set out in rule 22 of the Non-Contentious Probate Rules 1987.

Banks, pension providers, share registrars, and the Land Registry will usually ask to see the sealed grant before they release funds or allow property to be transferred. In that sense, the grant functions as the administrator's passport through the estate: without it, most institutions will not engage, and the estate cannot be wound up.

This is different from probate, which is the equivalent authority granted to an executor named in a valid will. Where there is a will but the named executor cannot or will not act, the resulting grant is technically called "letters of administration with will annexed" — the process and forms differ slightly from a straightforward intestacy case.

This guide covers England and Wales. Scotland and Northern Ireland have separate probate systems and different intestacy rules.

Who has the right to apply — the order of priority

Rule 22 of the Non-Contentious Probate Rules 1987 sets out, in strict order, who is entitled to apply for a grant when someone dies wholly intestate. The person or persons with the highest-ranking beneficial interest in the estate are entitled to apply, ahead of anyone lower down the list:

| Priority | Who | |---|---| | 1 | Surviving spouse or civil partner | | 2 | Children of the deceased, and the children of any child who died before the deceased | | 3 | Father and mother | | 4 | Brothers and sisters of the whole blood (same two parents), and their children if they died first | | 5 | Brothers and sisters of the half blood (one shared parent), and their children if they died first | | 6 | Grandparents | | 7 | Uncles and aunts of the whole blood, and their children if they died first | | 8 | Uncles and aunts of the half blood, and their children if they died first |

If nobody in these classes exists, the Treasury Solicitor can apply to claim the estate as bona vacantia on behalf of the Crown. If everyone entitled has been "cleared off" (has died, or does not wish to apply), a grant can be made to a creditor of the deceased instead.

Only one person from the highest-ranked class generally needs to apply, though up to four people of equal entitlement can act together as joint administrators. Where several people are equally entitled and cannot agree who should apply, the Probate Registry can be asked to resolve the dispute.

Cohabiting but unmarried partners do not appear anywhere in this table. Whatever the length or nature of the relationship, an unmarried partner has no automatic right either to apply for the grant or to inherit under intestacy — a point that catches many families by surprise and is a common trigger for a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Who inherits under the intestacy rules

The distribution rules — separate from the question of who can apply — are set out in section 46 of the Administration of Estates Act 1925, as substantially rewritten by the Inheritance and Trustees' Powers Act 2014 for deaths from 1 October 2014 onward.

| Family situation | Who inherits | |---|---| | Spouse/civil partner, no children | Spouse or civil partner takes the whole estate absolutely | | Spouse/civil partner and children | Spouse or civil partner takes personal possessions, the statutory legacy (£322,000 for deaths from 26 July 2023 — check GOV.UK for the current figure), and half of the remaining balance; children share the other half | | Children, no surviving spouse/civil partner | Children share the whole estate equally (on reaching 18) | | No spouse/civil partner, no children | Parents inherit equally; if none, siblings of the whole blood; if none, siblings of the half blood; if none, grandparents; if none, aunts and uncles of the whole blood, then half blood | | No relatives in any of the above classes | Estate passes to the Crown, Duchy of Lancaster, or Duke of Cornwall as bona vacantia |

A few points that trip families up:

• The statutory legacy is a fixed cash sum, not a percentage. It is charged on the estate ahead of the children's share, and it carries simple interest from the date of death until it is paid, calculated at the Bank of England base rate that applied on the day the deceased died (section 46(1A) AEA 1925). Where the figure has changed since the deceased died, the amount that applies is the one in force at the date of death, not the date of the grant.
• A spouse or civil partner must survive by 28 days. Under section 46(2A) AEA 1925, if the spouse or civil partner dies within 28 days of the deceased, they are treated as if they had not survived at all, and the estate passes as though there were no surviving spouse.
• "Issue" means direct descendants, not just children — grandchildren step into a deceased child's share.
• A husband and wife (or civil partners) are treated as two separate people for these purposes, so a joint intestacy (rare, but possible where a couple die close together with no surviving spouse relationship) is worked out for each estate independently.

How to use this document — the practical steps

1. Work out whether a grant is actually needed. Not every estate requires one. GOV.UK confirms that jointly held property may pass automatically to the surviving owner by survivorship, and some banks release modest balances without formal paperwork. Check with each asset holder first, because their thresholds differ, and you may find the estate can be dealt with informally.
2. Identify who has priority to apply. Work through the rule 22 order above, usually starting with the spouse or civil partner, then children, then parents, then siblings, and so on. Only one person needs to apply in most cases, though up to four administrators can act together. Agree this within the family early to avoid conflict, and be aware that renouncing the right to apply is always available to anyone entitled who does not want the role.
3. Value the estate and deal with Inheritance Tax. You will need to list everything the deceased owned and owed at the date of death, including property, bank accounts, investments, vehicles, and personal items, less any debts. If the estate owes Inheritance Tax, GOV.UK requires this to be reported using form IHT400 within one year, and any tax owed generally needs to be paid, or arrangements made, before the grant is issued.
4. Submit the probate application. Applications for letters of administration are made online through the GOV.UK probate service, or by post using form PA1A, depending on the circumstances. You will send in the death certificate, the tax paperwork, and pay the application fee — currently £526 for estates over £5,000, and free for estates at or below that threshold (verify the current fee on GOV.UK). The Probate Registry then checks everything and, assuming all is in order, issues the sealed grant by post.
5. Administer the estate. Once the grant arrives, use it to close accounts, sell or transfer property, settle outstanding bills, and distribute what remains according to the intestacy table above. Keep careful records of every receipt and payment, since beneficiaries are entitled to see the estate accounts. Consider placing a statutory notice to creditors under section 27 of the Trustee Act 1925 before distributing, to protect yourself personally from unknown claims that surface later.

Worked example

Priya dies intestate, survived by her husband, Tom, and their two adult children. Her estate, after debts and funeral costs, is worth £700,000.

Tom takes Priya's personal possessions and the statutory legacy of £322,000. That leaves £378,000. Under section 46, Tom takes half of that (£189,000) absolutely, and the children share the remaining £189,000 equally — £94,500 each. Tom's total from the estate is £322,000 plus £189,000, plus the personal possessions: £511,000 in all.

If Priya had left no children, Tom would have taken the entire £700,000 estate absolutely, and the statutory legacy would not apply at all — it is only relevant where the deceased leaves both a spouse or civil partner and issue.

Common mistakes and risks

• Distributing too early. An administrator who pays out the estate before dealing with a valid creditor claim can be personally liable to make good the shortfall, even where they acted in good faith. A statutory notice to creditors, and waiting the required period before distributing, is the standard protection.
• Assuming a long-term partner inherits. Because unmarried partners have no automatic entitlement under intestacy, a surviving partner who was financially dependent on the deceased may need to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 rather than relying on the intestacy rules.
• Using the wrong statutory legacy figure. The figure applicable is the one in force at the date of death, not today's figure and not the date the grant is issued. Where a death occurred before 26 July 2023, the earlier £270,000 figure (or an even earlier figure for older deaths) may apply instead.
• Missing the Inheritance Tax deadline. Reporting and, in most cases, starting to pay any Inheritance Tax due generally has to happen before the grant is issued, not after — leaving this until the application stage can cause significant delay.
• Overlooking joint assets. Property, bank accounts, and investments held as joint tenants pass automatically to the surviving joint owner outside the estate and outside the intestacy rules altogether — including them in the distribution calculation by mistake can lead to overpaying other beneficiaries.

If you are approaching or currently facing this process

If you think Letters of Administration may be needed, start by checking with each bank, pension provider, and other asset holder individually — many will tell you upfront whether a grant is required for that particular asset. From there, confirming who has priority to apply under rule 22, and getting an early handle on whether Inheritance Tax is due, will save time later. Where the estate is modest and the family situation is straightforward, many people manage the process without paid help; where there are business assets, overseas property, disputed entitlements, or a sizeable Inheritance Tax bill, professional guidance early on is often worth the cost, given that the administrator carries personal liability for getting it wrong.

This guide provides general information about Letters of Administration and the intestacy rules in England and Wales. It is not legal advice and does not take account of your specific circumstances, and reading it does not create a solicitor–client relationship. LegalDocuments.co.uk is not a law firm and is not regulated by the Solicitors Regulation Authority. The law described was accurate as at August 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the current position, particularly the statutory legacy figure and the application fee, both of which are periodically revised.

Last reviewed: August 2026 by a non-practising solicitor · Next review due: August 2027 or on legislative change.