Probate & Estate Administration
Probate Without a Will in England and Wales: Letters of Administration Guide (2026)
When someone dies without a valid will in England and Wales, the court does not issue a "grant of probate" — it issues letters of administration. The process is similar, but you use form PA1A instead of PA1P, and the estate distributes strictly under the intestacy rules rather than a will.
Grant of probate vs letters of administration
Grant of probate (form PA1P) — issued when there is a valid will and an executor willing to act.
Letters of administration (form PA1A) — issued when there is no will, or when the named executor cannot or will not act. The person appointed is called an administrator, not an executor.
Do you need letters of administration?
Not all assets require a court grant. Some assets can pass directly to the next of kin without letters of administration, including:
- Joint bank accounts — pass automatically to the surviving account holder
- Jointly owned property held as joint tenants — passes by survivorship
- Nominated benefits — life insurance policies in trust, pension death benefits
- Small estates — many banks will release funds up to a threshold (typically £5,000–£50,000) without a formal grant
For larger estates or where assets are held solely in the deceased's name — property, significant bank accounts, investments, shares — letters of administration are almost always needed. The administrator cannot sell property, close accounts, or collect assets without the formal grant.
Priority order: who can apply?
Under Rule 22 of the Non-Contentious Probate Rules 1987, the right to apply for letters of administration follows this priority order:
| Priority | Who can apply | Condition |
|---|---|---|
| 1st | Surviving spouse or civil partner | Marriage/CP not dissolved; spouse alive |
| 2nd | Children (including adopted children) | Of full age (18+); or a litigation friend for minors |
| 3rd | Issue of a deceased child (grandchildren) | Step in for pre-deceased child |
| 4th | Parents | If surviving |
| 5th | Siblings of the whole blood (or their descendants) | Or their issue if deceased |
| 6th | Siblings of the half blood (or their descendants) | Or their issue if deceased |
| 7th | Grandparents | If surviving |
| 8th | Uncles / aunts (whole blood) or their issue | Or their issue if deceased |
| 9th | Uncles / aunts (half blood) or their issue | Or their issue if deceased |
| 10th | The Crown (bona vacantia) | No qualifying relatives exist |
Note: an unmarried (cohabiting) partner has no priority under these rules, regardless of how long the relationship lasted. They may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but they cannot apply for letters of administration unless they obtain a court order.
How to apply: step by step
- Register the death and obtain the death certificate — get the original death certificate from the registrar. You will need this for the application. Order at least 5–10 certified copies — banks and institutions need originals (or certified copies) before releasing assets.
- Value the estate — identify all assets and liabilities as at the date of death. Get professional valuations for property (RICS or estate agent confirmation), check bank balances, trace investments, and list all debts.
- Check if IHT applies — if the gross estate (before debts) is below the available nil-rate band (typically £325,000), the estate is an excepted estate and you simply declare this in PA1A. If the estate is above the threshold or includes complex assets, complete IHT400, pay IHT, and obtain a stamped IHT421 from HMRC before applying.
- Complete form PA1A — available from the HMCTS Probate website. Fill in details of the deceased, your own details as administrator, a list of estate assets, and sign the statement of truth. Up to four administrators can apply jointly.
- Pay the probate fee — £300 for estates over £5,000 (free for smaller estates). Order additional office copies of the letters of administration at £1.50 each.
- Submit the application — online via MyHMCTS (preferred; currently takes 8–12 weeks) or by paper post to HMCTS Probate. Send the death certificate (and stamped IHT421 if applicable).
- Receive letters of administration — HMCTS issues the document once satisfied with the application. This is your legal authority to act.
- Administer and distribute the estate — collect assets, advertise for creditors (The Gazette), pay debts, and distribute the residue strictly according to the intestacy rules.
FAQs
What is the difference between a grant of probate and letters of administration?
A grant of probate and letters of administration are both court documents that give a named person legal authority to administer a deceased person's estate — but they apply in different situations. GRANT OF PROBATE: issued when the deceased left a valid will and named an executor who is willing and able to act. The grant confirms the executor's authority and validates the will. The document is called a 'grant of probate' and is obtained using form PA1P. LETTERS OF ADMINISTRATION: issued when the deceased died without a valid will (intestate), or when there is a will but no executor named in it, or the named executor is dead, has renounced probate, or is otherwise unable to act. The person administering the estate is called an 'administrator' (not an 'executor') and their authority comes from the letters of administration rather than from the will. The document is obtained using form PA1A. EFFECT: both documents have the same legal effect once issued — they authorise the holder to collect the deceased's assets, pay debts, and distribute the estate. The difference is that executors derive their authority from the will (and can act on some matters before probate), whereas administrators have no authority until letters of administration are issued. INTESTATE DISTRIBUTION: when letters of administration are granted (no will), the estate must be distributed according to the intestacy rules under the Administration of Estates Act 1925. The administrator does not have discretion to distribute differently — unlike an executor who follows the terms of the will.
Who can apply for letters of administration when there is no will?
The priority order for who may apply for letters of administration is set out in Rule 22 of the Non-Contentious Probate Rules 1987. The order is: (1) SPOUSE OR CIVIL PARTNER of the deceased — has the first right to apply, provided the marriage or civil partnership had not been dissolved. (2) CHILDREN of the deceased — including adult children and children who were adopted by the deceased. A child's share under intestacy rules determines their standing. (3) ISSUE (descendants) of a deceased child — grandchildren or great-grandchildren step into the place of a pre-deceased child. (4) PARENTS of the deceased. (5) BROTHERS AND SISTERS of the whole blood — or their descendants if the sibling has also died. (6) BROTHERS AND SISTERS of the half blood — or their descendants. (7) GRANDPARENTS. (8) UNCLES AND AUNTS of the whole blood — or their descendants. (9) UNCLES AND AUNTS of the half blood. (10) THE CROWN (bona vacantia) — if no qualifying relative exists, the estate passes to the Crown. Each category only gets a right to apply if no person in a higher category is applying. A person in a lower category can apply only with the consent of all those in higher categories (or if higher-category persons have renounced their right). JOINTLY APPLYING: up to four administrators can be named on the letters of administration, but at least one of the administrators named should be an entitled person in the priority order. A minimum of two administrators is required when the estate includes a trust or interest in land, to give a valid receipt for proceeds.
How do I apply for letters of administration in England and Wales?
The process for applying for letters of administration (when there is no will) closely mirrors the probate application, but uses form PA1A instead of PA1P. Step-by-step: STEP 1 — OBTAIN THE DEATH CERTIFICATE: get the official death certificate from the registrar. You will need the original (not a photocopy). STEP 2 — VALUE THE ESTATE: identify all assets and liabilities as at the date of death. For an excepted estate (gross value under the nil-rate band), no separate IHT form is needed — you declare the estate is excepted within the PA1A. For a taxable estate, complete IHT400 and the relevant schedules first, pay IHT, and obtain the stamped IHT421 from HMRC before applying for probate. STEP 3 — COMPLETE FORM PA1A: PA1A is the application form for letters of administration when there is no will. Fill in details of the deceased, the administrator(s) applying, and the estate. Sign a statement of truth (an oath is no longer required since October 2020). STEP 4 — PAY THE FEE: the probate application fee is £300 for estates over £5,000 (free for estates of £5,000 or less). You can also order office copies of the letters of administration at £1.50 each — order at least five to ten for practical use. STEP 5 — APPLY ONLINE OR BY POST: online via MyHMCTS (gov.uk); or by post to HMCTS Probate, PO Box 12625, Harlow, CM20 9QE. Send the death certificate (and stamped IHT421 if applicable). STEP 6 — RECEIVE LETTERS OF ADMINISTRATION: HMCTS typically takes 8–12 weeks online or 12–20 weeks by post in 2026. Once received, the letters of administration give you authority to collect assets and begin administration. STEP 7 — ADMINISTER THE ESTATE: collect assets, pay debts and funeral expenses, and distribute according to the intestacy rules.
What are an administrator's duties and how do they differ from an executor's?
An administrator's duties are almost identical to those of an executor — both are personal representatives of the deceased under the Administration of Estates Act 1925. The key practical differences are: AUTHORITY BEFORE THE GRANT: an executor derives authority from the will and can act on some matters (such as paying urgent funeral costs or preserving assets) before probate is obtained. An administrator has no authority whatsoever until the letters of administration are issued — they cannot collect assets, sign documents on behalf of the estate, or take any binding action. This means the period between death and grant of letters of administration can be more constrained for intestate estates. DISTRIBUTION RULES: an executor follows the terms of the will. An administrator is legally required to distribute the estate strictly according to the intestacy rules under the Administration of Estates Act 1925 — there is no discretion to vary the distribution. DUTIES THAT APPLY TO BOTH: (1) locate and value all assets and liabilities; (2) deal with HMRC — submit any IHT forms required, pay IHT if due; (3) collect assets, close bank accounts, and transfer registered assets; (4) pay debts — funeral expenses, tax liabilities, credit cards, mortgages, and other creditors; (5) advertise for unknown creditors (Trustee Act 1925 s.27 notice in The Gazette and a local newspaper) to obtain protection against claims; (6) keep proper accounts; (7) distribute the residue to those entitled under the intestacy rules; (8) obtain receipts from beneficiaries. PERSONAL LIABILITY: administrators, like executors, can be personally liable (devastavit) for distributing the estate incorrectly or failing to pay debts before distributing.
Do I need a solicitor to apply for letters of administration without a will?
No — you do not need a solicitor to apply for letters of administration. Personal applicants have the same right as solicitors to apply directly to HMCTS Probate using the online MyHMCTS service or by paper post. WHEN TO CONSIDER A SOLICITOR: while simple intestate estates can be administered without a solicitor, professional help may be valuable in the following situations: (1) the estate is large or complex — significant property, business interests, overseas assets, or trust arrangements; (2) there are disputes about who is entitled to apply — for example, if multiple relatives have equal priority; (3) there are potential claims under the Inheritance (Provision for Family and Dependants) Act 1975 — e.g., a cohabiting partner who was financially dependent on the deceased but has no automatic intestacy rights; (4) the estate is insolvent (debts exceed assets); (5) there are minor beneficiaries whose share must be held on trust until they turn 18 — at least two administrators are required in this case and the legal formalities become more complex; (6) the identity of all beneficiaries is uncertain — e.g., missing relatives or questions about whether the deceased had children. COSTS: solicitors typically charge 1–3% of the estate value, or an hourly rate of £150–350. For a straightforward intestate estate, the time and cost savings of a DIY application are significant.
What happens to the estate when there is no will?
When someone dies intestate (without a valid will) in England and Wales, their estate is distributed according to the intestacy rules under the Administration of Estates Act 1925 (as amended by the Inheritance and Trustees' Powers Act 2014). The rules follow a strict priority order — the administrator has no discretion to alter this. The key rules (as of 2026) are: MARRIED / CIVIL PARTNER WITH CHILDREN: the surviving spouse or civil partner receives all personal property (chattels), the first £322,000 of the estate (the 'statutory legacy' — uprated periodically), and half of the remaining estate absolutely. The children share the other half of the remaining estate equally, receiving their share at age 18. MARRIED / CIVIL PARTNER WITHOUT CHILDREN: the surviving spouse or civil partner inherits the entire estate. UNMARRIED PARTNER (COHABITING): a cohabiting partner (however long the relationship) has no automatic inheritance right under intestacy. They may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975 if financially dependent, but this requires a court application. Only a formal marriage, civil partnership, or written will can give an unmarried partner automatic inheritance rights. CHILDREN ONLY (NO SPOUSE): the estate is divided equally between the children. Grandchildren inherit their parent's share if the parent has already died. NO SPOUSE OR CHILDREN: the estate passes to parents (equally if both alive), then to siblings of the whole blood (or their children), then to half-siblings, then grandparents, then aunts and uncles, and so on in order. If no living relative can be found, the estate passes to the Crown as bona vacantia. See our full guide to intestacy rules UK.
Avoid intestacy — make a will
The intestacy rules exist as a default, but they rarely reflect what people actually want. Common problems with dying without a will include:
- Unmarried partners receive nothing under intestacy, regardless of relationship length
- Stepchildren have no automatic inheritance rights under intestacy
- The estate may be divided between a surviving spouse and children in a way that forces a house sale
- There is no guardian named for minor children
- Digital assets, business interests, and personal items cannot be directed to specific people
- No opportunity to make tax-efficient provisions (discretionary trusts, charitable gifts)
A valid will — even a simple one — avoids all of these problems and makes estate administration easier and quicker for your family.
Related guides
Make a will — protect your loved ones
A will means your estate goes to the people you choose — not to whoever the intestacy rules happen to specify. WillSafe UK's will kits are legally valid in England and Wales and take under an hour to complete.