Form PA12: Appoint an Attorney for Letters of Administration

At a glance

• What PA12 is: the form by which a person entitled to apply for Letters of Administration in an intestate estate appoints an attorney to make that application for them.
• Governing rule: rule 31, Non-Contentious Probate Rules 1987 — "the lawfully constituted attorney of a person entitled to a grant may apply for administration for the use and benefit of the donor."
• Who can sign: only the person who holds priority to administer under NCPR rule 22 — spouse or civil partner first, then children, then parents, then siblings.
• Mental capacity required: PA12 is for capable people who choose to delegate. Where the entitled person lacks capacity under the Mental Capacity Act 2005, the application goes under rule 35, not rule 31.
• Not a Lasting Power of Attorney: PA12 is a one-off probate instrument. No Office of the Public Guardian registration, no relation to the donor's own affairs.
• Application fee: a fee is payable to HMCTS; estates of £5,000 or less are exempt. Check GOV.UK probate fees for the current amount before applying (correct as at June 2026).
• Submitted with: Form PA1A, the original death certificate, the application fee, and any required inheritance tax paperwork.

What PA12 does and when you need it

When someone dies without leaving a valid will, their estate is intestate. There are no executors — executors derive authority from a will — so the estate is instead administered by an administrator who must first obtain Letters of Administration from the Probate Registry.

The law sets a strict order of priority for who can become that administrator. Rule 22 of the Non-Contentious Probate Rules 1987 lists the classes in order: a surviving spouse or civil partner comes first; then the children of the deceased (including the issue of any child who predeceased); then parents; then siblings of the whole blood; then siblings of the half blood; then grandparents; then aunts and uncles. The Administration of Estates Act 1925, section 46, mirrors this for the purpose of inheritance itself.

PA12 is relevant when the person who holds that priority right does not want to deal with the probate administration personally. Perhaps they are unwell, live abroad, find the paperwork overwhelming, or simply trust someone else to handle it more efficiently. Rather than renouncing their right entirely (which is a separate, more permanent step done via Form PA16), they can appoint an attorney using PA12 to make the application on their behalf.

Rule 31(1) of the NCPR 1987 gives this legal foundation: the attorney receives a grant of administration "for the use and benefit of the donor" — meaning the administration is carried out in the entitled person's name, not the attorney's own. The grant is limited in character, and the Letters of Administration will reflect this.

When you do NOT need PA12: if the entitled person is willing and able to apply directly — online or by post using Form PA1A — there is no requirement for a power of attorney. PA12 is an option, not a default step in every intestacy application.

When PA12 cannot be used: where the entitled person lacks mental capacity within the meaning of the Mental Capacity Act 2005, rule 31(3) expressly applies a different route. The application must be made under rule 35, which requires either a Court of Protection order or an attorney acting under a registered lasting or enduring power of attorney. Submitting PA12 purportedly signed by someone without capacity is not valid, and the Probate Registry would reject or revoke the grant.

Who is entitled to administer — establishing the right person to sign PA12

Before any power of attorney document can be completed, you need to work out who actually holds priority under NCPR rule 22.

The priority order in plain English

1. Surviving spouse or civil partner — takes priority over everyone else, including the deceased's children, unless the surviving spouse or civil partner died within 28 days of the intestate (in which case AEA 1925 s.46(2A) treats them as having predeceased).
2. Children of the deceased — if there is no spouse or civil partner with priority, children rank next. Where a child of the deceased has already died, that child's own children (the grandchildren of the deceased) may step up to take their parent's share.
3. Parents of the deceased — if neither a spouse/civil partner nor children survive.
4. Siblings of the whole blood (and their issue).
5. Siblings of the half blood (and their issue).
6. Grandparents.
7. Uncles and aunts of the whole blood (and their issue).
8. Uncles and aunts of the half blood (and their issue).
9. If none of the above survive, the estate passes to the Crown (bona vacantia), and the Treasury Solicitor is entitled to a grant.

A person lower in this list can only apply — whether personally or through a PA12 attorney — once everyone above them has been "cleared off": renounced, predeceased, or formally passed over. You cannot use PA12 to jump the priority queue.

How civil partners fit in

The Civil Partnership Act 2004 inserted civil partners throughout the intestacy legislation on the same footing as spouses. A civil partner of the deceased takes exactly the same first-priority position as a spouse under both NCPR rule 22 and AEA 1925 s.46. This has been the position since 5 December 2005.

The statutory legacy

Where the deceased left both a surviving spouse or civil partner and children, the spouse or civil partner takes all personal chattels, a fixed statutory legacy (currently £322,000, set by SI 2023/758, correct as at June 2026 — periodically updated by statutory instrument when CPI rises beyond a set threshold), and half of whatever remains. The other half passes to the children. Understanding this helps you explain to beneficiaries what the estate distribution will look like while the administration is under way.

What the attorney can and cannot do

Once PA12 has been completed and lodged, and the Letters of Administration have been granted, the attorney may deal with all aspects of the administration:

• Collect assets from banks, building societies, and financial institutions
• Notify HMRC and deal with any income tax liability to the date of death
• Pay funeral costs, debts, and the costs of administration
• Obtain property valuations and handle any conveyancing required
• Distribute the estate to the beneficiaries entitled under the intestacy rules

The form includes a ratification clause by which the donor confirms they will ratify everything the attorney lawfully does. This gives banks and other organisations confidence that the attorney's acts bind the entitled person, and it mirrors standard agency principles under general law.

What the attorney cannot do: the attorney cannot benefit personally from the estate in a way inconsistent with the intestacy rules, cannot act in their own interests at the expense of the estate, and cannot revoke or vary the priority of beneficiaries. The attorney is a delegate, not a beneficiary — unless they happen to be one of the beneficiaries under the intestacy rules in their own right as a family member, in which case their entitlement is entirely separate from their role as attorney.

Completing PA12: section by section

PA12 is a short form, but every field must be correct. The most common reason for Probate Registry queries is a mismatch between the name or address on PA12 and the same detail on the death certificate or the PA1A application.

The deceased's details

Enter the deceased's full legal name — the name as it appears on the death certificate, not a nickname or shortened version. Add the last known residential address and the date of death. If the deceased was known by more than one name during their life (for example, a former married name), a note of any name variation can help avoid later queries.

The donor's details

This is the person entitled to administer the estate — the person who holds priority under NCPR rule 22 and who is delegating to the attorney. Give their full legal name and current address. The Probate Registry will check these details against other application documents.

The attorney's details

Up to four attorneys may be named. For each, give full legal name and address. You do not need to explain your relationship to each attorney or justify the choice. Attorneys do not need to be legally qualified — a trusted family member, close friend, or a professional adviser (such as a solicitor) can all act.

Most applicants name a single attorney. Multiple attorneys can be useful where the estate is complex and more than one person needs to sign documents, but it also means coordinating all signatures — every required step needs all of them to agree and sign together unless the form specifies they may act independently.

The signing and witnessing

Both the donor and each attorney must sign in the presence of an independent witness. The witness rules are strict:

• The witness must be an independent adult — not a beneficiary, not a relative of the person signing, not anyone with a financial interest in the estate.
• An attorney named on the form cannot also act as the witness for the donor's signature on that same form.
• The witness must be physically present at the moment of signing, not asked to witness later by video call or separate attendance.
• After the donor or attorney signs, the witness adds their full name, address, occupation, and the date.

An unsigned, undated, or improperly witnessed PA12 is ineffective and will be rejected.

Fees and how to pay

Probate applications attract a fee payable to HMCTS. Estates valued at £5,000 or less are exempt. For estates above that threshold, a fee applies — check GOV.UK probate fees for the current amount before submitting (correct as at June 2026). You may request additional sealed copies of the Letters of Administration at a small additional fee per copy — useful when multiple organisations need to see the original grant.

If you are on a low income, you may be eligible for a fee remission using Form EX160 (apply at the same time as the probate application). The GOV.UK get help paying court and tribunal fees page sets out the eligibility criteria.

Where to send the application and what happens next

PA12 is submitted by post alongside Form PA1A and all supporting documents to the Probate Registry. See where to send your probate application for the correct address.

The standard documents package for an intestate attorney application:

• Form PA1A — the main postal probate application for an estate without a will
• Form PA12 — establishing the attorney's authority
• The original death certificate or a certified copy from the register office
• Inheritance tax paperwork — for deaths from 1 January 2022, excepted estates no longer require a separate IHT205; the declaration on PA1A suffices. Taxable estates still require IHT400 and a receipt or acknowledgement from HMRC
• The application fee — payable by cheque made out to "HM Courts & Tribunals Service", or as directed in the current guidance

Processing times at the Probate Registry vary and have historically ranged from a few weeks to several months depending on volumes and whether there are any queries. Times fluctuate — do not rely on any stated estimate beyond what GOV.UK publishes at the time you apply.

If something goes wrong

The Probate Registry may raise a requisition — a formal query asking for clarification or additional information. Common triggers include mismatched names or addresses, missing documents, an unclear IHT position, or questions about the priority of the donor. A requisition does not mean the application has failed, but it will add time. Respond promptly and include all requested documents to avoid further delay.

If there is a dispute about the estate — for example, someone asserting the deceased did have a valid will, or someone challenging who has priority to administer — a caveat may be lodged at the Probate Registry under Form PA8A, which will halt the grant while the dispute is resolved. Contested intestacy disputes and contested caveats are complex territory where professional legal advice is almost always warranted.

Worked example: using PA12 in practice

Fictional scenario — Miriam and Elaine

Miriam's husband, David, died suddenly at 67 without leaving a will. Miriam is entitled to a grant of Letters of Administration as his surviving spouse under NCPR rule 22(1)(a). However, Miriam is 71 and lives with a long-term physical condition that leaves her exhausted. She has full mental capacity but finds detailed paperwork deeply stressful and has asked her daughter Elaine to manage everything.

Miriam signs Form PA12, appointing Elaine as her attorney. Miriam is the donor — she is the person entitled to the grant — and she is mentally capable, so rule 31(1) applies and PA12 is the right instrument. Elaine does not need to be a solicitor or legally qualified; she simply needs to be willing to act and to sign the form.

Elaine completes and signs PA1A as the attorney applicant. She submits PA1A, PA12, the original death certificate, and the application fee to the Probate Registry. The Letters of Administration are issued "for the use and benefit of" Miriam, meaning Elaine administers the estate on Miriam's behalf.

Elaine collects David's savings, notifies HMRC, pays off a small credit card balance, and distributes the remainder to Miriam and to their two children in the proportions set by AEA 1925 s.46. Miriam has not renounced her rights — she retains her beneficial interest in everything the intestacy rules give her. She simply delegated the administrative work.

What would have changed things: if Miriam had lacked mental capacity under the Mental Capacity Act 2005, PA12 would not have been available. The application would instead have needed to proceed under NCPR rule 35, which would have required a Court of Protection order or Elaine acting under a registered lasting power of attorney. This is a materially different and more involved process.

If something goes wrong during administration

Requisitions and delays

As noted above, a Probate Registry requisition is a request for more information. The most frequent causes are: name or address inconsistencies between documents, missing death certificates or IHT clearance, and unclear statements of the applicant's entitlement. Keep copies of everything you send and record the date of submission.

Disputes and caveats

A third party who believes the deceased left a valid will — or who disputes the priority of the person applying — may enter a caveat (Form PA8A) to prevent the grant issuing. A warning must then be given, and if the caveator does not withdraw, a summons will follow. These disputes sit in specialist probate litigation territory. Citizens Advice, or a regulated solicitor, can advise on next steps.

If you need to revoke the PA12 appointment

Revocation before the grant is issued is straightforward in principle: inform the Probate Registry before they process the application. After the grant has issued and the attorney has begun acting, revocation becomes a more involved step. If you need to revoke, seek legal advice promptly — the longer an administration proceeds under an attorney's authority, the more complicated any unwinding becomes.

When to get professional advice

PA12 and the intestacy process it sits within are manageable without a solicitor for many straightforward estates. But consider getting professional advice when:

• There is any doubt about who holds priority — for example, a cohabiting partner who is not a spouse or civil partner has no automatic right under the intestacy rules
• There are dependent children and the estate includes property
• The intestacy rules produce a result that does not reflect what the family expected
• There is any dispute, caveat, or suggestion that a will may exist
• The estate includes business assets, foreign property, or complex shareholdings
• The entitled person's mental capacity is in any way uncertain — do not attempt to proceed under rule 31 if there is real doubt

Citizens Advice provides free guidance on probate basics. If you have been recently bereaved and need emotional support while dealing with legal and practical matters, Cruse Bereavement Support offers free services throughout England and Wales.

This guide provides general information about Form PA12 and how it fits into the intestate probate process in England and Wales. It is not a substitute for advice on your specific circumstances and does not constitute legal advice. For guidance tailored to your situation, consult a regulated solicitor.

Last reviewed: June 2026 · Next review due: June 2027 or on legislative change.