Probate form PA1A: what it is, where it goes wrong, and how to get it right
Form PA1A is the official HMCTS application for letters of administration in England and Wales. You use it when someone dies without leaving a valid will. It looks straightforward. In practice, it carries significant legal risk, and mistakes are common.
This article explains what PA1A requires, where applicants most often go wrong, and why professional advice can make a real difference in intestacy cases.
What form PA1A is for
When someone dies without a will, they are said to have died “intestate”. There are no executors, so the law decides who has the right to apply to administer the estate.
Form PA1A is the paper route for that application. You can also apply online via the GOV.UK probate service. Either way, a successful application produces a Grant of Letters of Administration: the legal document that authorises the administrator to collect assets, pay debts and distribute the estate.
The HMCTS application fee is currently £526 for estates valued above £5,000, with no fee for estates of £5,000 or less. Always verify the current fee on GOV.UK before you apply, as the fee changed from £300 to £526 on 13 July 2026.
Why PA1A is especially risky
Unlike PA1P (the equivalent form used when there is a will), PA1A is not guided by the deceased’s wishes. Instead, it relies entirely on the strict rules of intestacy set out in the Administration of Estates Act 1925.
The administrator must identify the correct person entitled to apply, establish that entitlement under the intestacy rules, accurately declare all family relationships and estate values, and accept personal responsibility for administering the estate correctly.
Each of those steps creates genuine legal exposure. Errors are common, and the consequences can be serious.
If you are in any doubt about any part of this form, speak with a probate solicitor before you submit it.
How many people have to apply
One person can usually apply on their own. There is an important exception, and it bites most often on intestacy.
If anyone who inherits is under 18, or if someone is entitled to income from the estate for life rather than a share outright, the grant normally has to be made to at least two administrators. Where there is no will and young children inherit, that situation is common. Check it before you apply on your own and have to start again.
Two other limits are worth knowing. A maximum of four people can apply for the same estate, and everyone applying must be over 18.
Book a free probate consultation
If you are preparing to submit form PA1A, or you are unsure whether you have completed it correctly, professional advice can give you clarity before mistakes are made.
At The Probate Network, you can:
- Request a probate quote tailored to your situation
- Book a free consultation with an experienced probate solicitor
There is no obligation, just clear, practical guidance before anything is filed.
Common problem areas on form PA1A
Who is entitled to apply
Many people assume that being a close family member automatically gives them the right to apply. In reality, the order of entitlement under intestacy law is rigid.
The order of priority starts with a surviving spouse or civil partner, followed by children and the descendants of any child who died before the deceased, then parents, siblings and other relatives, as set out in the Non-Contentious Probate Rules 1987. Common errors include the wrong person applying, failing to recognise someone with a higher entitlement, and overlooking an estranged spouse or civil partner who may still rank first.
Two points about that order are easy to miss. Grandchildren do not sit in a queue behind all children. They step into the place of a parent who died before the deceased did. And a surviving husband, wife or civil partner only inherits if they outlive the deceased by 28 days. If they die inside that period, the estate is shared out as though there were no surviving spouse at all.
On the estranged spouse point, there is one exception worth checking. If a court had granted a formal judicial separation and it was still in place, the law treats the survivor as though they had already died. They then neither inherit nor have the right to apply. An informal separation, however long, changes nothing.
These errors can result in rejected applications, family disputes, or later legal challenges.
Someone with a better right can step aside, but it has to be done properly. They sign a form giving up their right, which is then filed with your application. This is known as renunciation. Where there is no will, a surviving spouse or civil partner who wants to step aside so that an adult child can apply uses form PA16.
Other people giving up their right, whether as an executor or an administrator, use form PA15 (see our guide to the PA15 form). Check which form fits your situation, because using the wrong one will hold up your application. Download the current version from GOV.UK rather than reusing an old copy, because these forms are updated from time to time.
Declaring family relationships
PA1A requires precise declarations about marriages, civil partnerships and divorces, children (including adopted children but not stepchildren who have not been adopted), and deceased relatives who may affect entitlement.
Adoption works in both directions, and the second half surprises people. An adopted person is treated as the child of their adoptive parents, with exactly the same rights as if they had been born to them. At the same time, the legal link to their birth parents is cut. So an adopted person is not treated as a child of a birth parent for intestacy purposes. However, PA1A asks you to declare relatives who were adopted out of the family.
Incorrect or incomplete information can invalidate the application. It can also create beneficiary disputes later, once the grant has already been issued.
Intestacy distribution: what the rules actually say
Applicants frequently misunderstand how the intestacy rules distribute an estate. The current rules in England and Wales work as follows:
- Spouse or civil partner and no descendants: the survivor takes the whole estate.
- Spouse or civil partner and descendants: the survivor receives all personal belongings, the first £322,000 of the estate (the ‘statutory legacy’, the fixed sum a surviving spouse receives before any sharing with descendants begins), and half of whatever remains above that amount. The other half passes to the deceased’s descendants under the intestacy rules. This figure has applied to deaths on or after 26 July 2023.
- No spouse or civil partner: the estate passes to the deceased’s descendants under the intestacy rules. If there are no descendants, it passes to parents, then siblings, then other relatives in a set order.
- Cohabiting partners and stepchildren who were never legally adopted inherit nothing under intestacy, however long the relationship lasted.
That last point does not always leave them with nothing. A cohabiting partner who lived with the deceased for at least two years, or a stepchild the deceased treated as one of their own children, may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. As administrator, you need to know whether anyone in that position exists before you distribute anything, because a successful claim changes who gets what.
Common misconceptions include believing that assets are split “fairly” rather than legally, that children always inherit everything, or that a long-term partner has the same rights as a spouse. None of those assumptions is correct.
Errors in distribution can expose the administrator to personal financial liability if assets are paid out incorrectly.
Estate valuation issues
Incorrect valuations cause problems in any probate application. In intestacy cases, they can be even more sensitive.
Issues often arise with property owned jointly or as tenants in common, assets that may pass outside the estate (such as some jointly held bank accounts and some pension death benefits), and undeclared or undervalued investments. Valuation errors can lead to HMRC scrutiny or delays in issuing the Grant of Letters of Administration.
The legal statement and what it means
PA1A requires the applicant to sign a legal statement, confirming that the application is truthful and that they will administer the estate according to law. This is not a formality.
Once submitted, the administrator becomes personally responsible for the accuracy of every declaration. Errors can lead to claims from beneficiaries. Rectifying mistakes after the grant has been issued is time-consuming and costly, and in some cases it requires the grant to be revoked.
Many applicants underestimate the legal weight of this signature.
Put plainly, the legal statement is a formal promise to the court. The form itself warns that criminal proceedings for fraud may be brought if the evidence provided is deliberately untruthful or dishonest. That is quite separate from any liability you take on to the beneficiaries. It is a good reason to check every date, name and figure before you sign rather than afterwards.
The consequences of getting PA1A wrong
Errors on PA1A frequently result in delayed or rejected applications, family disputes and legal challenges, and increased professional fees to correct mistakes that could have been avoided.
In some cases, administrators only discover problems after assets have already been distributed. At that point, recovery can be difficult or impossible.
How a probate solicitor helps with intestacy applications
Probate solicitors play a critical role in intestacy cases. They confirm who is legally entitled to apply, ensure that all family and financial details are correctly declared, and advise on how the intestacy rules apply to the specific estate.
In addition, they reduce the risk of disputes and personal liability, and manage complex or sensitive estates with accuracy from the outset. Early advice can help prevent costly mistakes further down the line.
If you would like to speak with a probate solicitor before submitting form PA1A, you can book a free consultation or request a probate quote through The Probate Network.
Frequently asked questions
What is probate form PA1A used for?
Form PA1A is the HMCTS application used when someone dies without leaving a valid will (intestate) in England and Wales. It is the paper route to obtaining letters of administration: the legal authority to collect assets, settle debts and distribute the estate according to the intestacy rules. You can also apply online via the GOV.UK probate service.
Who can apply using form PA1A?
The right to apply follows a strict order of priority set out in the Non-Contentious Probate Rules 1987. A surviving spouse or civil partner ranks first, followed by children and the descendants of any child who died before the deceased, then parents, siblings and other relatives in sequence. If a person of higher priority has not formally given up (renounced) their right, HMCTS may reject or delay an application from someone lower down the list.
What is the statutory legacy and how much is it?
The statutory legacy is the fixed sum a surviving spouse or civil partner receives from the estate before anything is shared with descendants. It currently stands at £322,000, a figure that has applied to deaths on or after 26 July 2023. If the estate is worth £322,000 or less, the spouse takes everything and the descendants inherit nothing from the estate. If the estate exceeds £322,000, half of the surplus passes to the deceased’s descendants under the intestacy rules, with the other half going to the surviving spouse or civil partner. Always verify the current figure, as it is updated periodically by statutory instrument.
How much does it cost to apply for probate using PA1A?
The HMCTS application fee is currently £526 for estates valued above £5,000, with no fee for estates of £5,000 or less. This flat fee applies whether you apply using form PA1A or online, and whether you apply personally or through a solicitor. The fee rose from £300 to £526 on 13 July 2026. Always confirm the current fee on GOV.UK before you apply, as court fees change periodically.
This article is for general guidance only and does not constitute legal, tax or financial advice. Rules, thresholds and fees can change, and every estate is different. For advice on your own circumstances, speak to a qualified professional. You can book a free legal consultation with an SRA-regulated solicitor through The Probate Network.
