When someone dies without leaving a valid will, their estate does not simply pass to the nearest relative. Someone must first obtain the legal authority to deal with it. That authority is called Letters of Administration, and this guide explains who can apply, when it is needed, and exactly how the process works in England and Wales in 2026.
If you would like professional help, you can get a probate quote through The Probate Network.
What are Letters of Administration?
Letters of Administration are a legal document issued by the Probate Registry (part of HM Courts and Tribunals Service, HMCTS). They give a named person, called the administrator, the authority to collect assets, pay debts, meet tax liabilities, and distribute the estate. The process of administering an estate in this way is part of what is commonly referred to as probate.
Where a will exists and names an executor, that executor applies for a Grant of Probate instead. Letters of Administration generally apply where there is no valid will; where a valid will exists but no executor is able or willing to act, the court may issue Letters of Administration with the will annexed.
Do I need Letters of Administration?
Not always. In some cases, you can deal with the estate without any formal application.
Banks and other financial institutions each set their own thresholds below which they will release funds without seeing a grant. There is no single legal definition of a small estate in England and Wales. The term describes estates that fall below the various thresholds set by individual institutions for releasing funds without a grant of probate, and most banks operate a threshold somewhere between £5,000 and £50,000. It is therefore worth contacting each institution directly before deciding whether to apply.
You are also unlikely to need Letters of Administration where jointly owned property passes automatically to a surviving co-owner (known as joint tenancy), or where assets such as pension death benefits pass directly to a named beneficiary.
However, Letters of Administration will almost certainly be required where:
- the deceased owned property in their sole name
- savings, investments, or other assets in the deceased’s sole name exceed the relevant institution’s threshold
- property was owned as tenants in common, meaning the deceased’s share does not pass automatically to the surviving owner
Before making an application, it is sensible to seek professional advice. Valuing an estate accurately and identifying all assets takes care, and the right guidance at this stage can save significant time and money later.
Who can apply for Letters of Administration?
Once it is confirmed that no valid will exists, there are strict rules on who may apply. The right to apply follows a priority order set by the Non-Contentious Probate Rules. Working down the list, those eligible to apply are:
- The spouse or civil partner of the deceased
- A child of the deceased, including adopted children but not stepchildren
- A parent of the deceased
- A brother or sister of the deceased
- A grandparent of the deceased
- An uncle or aunt of the deceased
Two things about this list. If a child of the person who died had already died themselves, that child’s own children move up into their place, so grandchildren can apply. And where the list mentions brothers, sisters, uncles and aunts, half-brothers and half-sisters and half-blood uncles and aunts come next in line after full-blood relatives.
The list also follows who inherits. You generally need to be entitled to a share of the estate under the intestacy rules in order to have the right to apply for the grant.
One person can usually apply on their own. There is an important exception. 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. On an intestacy where young children inherit, this comes up often, so check it before you apply on your own and have to start again. A maximum of four people can apply, and everyone applying must be over 18.
A husband, wife or civil partner can still apply if the couple had simply drifted apart or were living separately, as long as they were never actually divorced and the civil partnership was never dissolved. There is one exception. If a court had granted a formal judicial separation and that was still in place when the person died, the law treats the surviving partner as though they had already died, so they neither inherit nor have the right to apply. Only those who were married or in a registered civil partnership can apply on this basis. Unmarried partners have no automatic right to apply or to inherit under the intestacy rules, regardless of how long they lived together.
It is worth knowing who actually inherits, because that decides who can apply. If there is a husband, wife or civil partner and no children, they take everything. If there are children as well, the surviving partner takes the personal belongings, the first £322,000 and half of what is left, and the children share the other half. If there is no surviving partner, the children take everything between them. Where there are no children either, the estate passes down the list of relatives set out above.
A stepchild is not on the list and does not inherit under the intestacy rules. That does not always leave them with nothing, though. A stepchild treated by the deceased as one of their own children may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
If you are in any doubt about whether you are eligible to apply, speak to a probate practitioner before proceeding.
How to apply for Letters of Administration
Obtaining Letters of Administration is a formal legal process. It involves identifying the rightful applicant under the rules of intestacy, reporting the estate to HMRC, preparing the necessary documentation, and submitting a legal application online or, if applying by post, using form PA1A.
Step 1: Value the estate and deal with Inheritance Tax
Before you apply, you need a full picture of everything the person owned and everything they owed.
For most estates, that is all you need to do about Inheritance Tax. Since January 2022 the majority of estates count as ‘excepted’, which means no tax is due and you simply put the figures on the application form itself. There is no separate form to send HMRC.
Larger or more complicated estates are different. If Inheritance Tax is payable, or the estate falls outside the excepted rules for another reason, you must send HMRC a full account on form IHT400 first, and generally pay at least some of the tax, before you can apply. HMRC then gives you a code that the Probate Service checks for, so the application will stall without it. HMRC aims to deal with an IHT400 within 20 working days, so build that waiting time into your plans. Getting a valuation wrong at this stage causes problems later, so this is a good point to take advice.
Step 2: Apply online or complete form PA1A
If you apply by post, the application form for Letters of Administration is PA1A. You will also need an official copy of the death certificate, which is not the same as a photocopy. If the death was referred to a coroner, their interim certificate can be used instead. You can apply online or by post. Online applications are generally processed faster.
Step 3: Send it to the Probate Service
Paper applications no longer go to a local probate registry. They all go to one central address, which is printed on the front of the PA1A form. Send the form, your supporting documents and the fee together. Use a tracked or signed-for postal service, because you will be posting an official copy of the death certificate that you do not want to lose.
Step 4: Pay the application fee
From 13 July 2026, the probate application fee increased from £300 to £526. No fee is payable where the estate is worth £5,000 or less. The fee is typically paid from estate funds and is recoverable as an expense of the estate once the grant is issued.
Step 5: Order official copies
You will need official sealed copies of the Letters of Administration to send to banks, the Land Registry, and other institutions. A separate, reduced fee of £2 per copy applies where copies are requested at the same time as the application itself, down from £16 before July 2026. Copies requested after the grant has been issued remain considerably more expensive, so it is worth assessing how many you need before you submit. Order enough copies for every institution you will need to deal with, so you can approach them simultaneously rather than waiting for documents to be returned.
How long does the process take?
GOV.UK says you will usually get the grant within 12 weeks. In practice most applications are faster than that. HMCTS figures for May 2026 show an average of about six weeks from submission to grant across all applications, and around four weeks for applications made online.
The figure that matters more is what happens when something goes wrong. If the Probate Service has to stop your application to ask a question, the average stretches to around fourteen weeks, and practitioners report some taking far longer than that.
That said, delays do occur. Applications that are incomplete, incorrectly completed, or not accompanied by the correct fee are returned, which adds to the overall timeline. When someone dies without a valid will, the total estate administration typically stretches to between nine and eighteen months, once all the steps before and after the grant are taken into account.
Getting the application right first time is therefore important. If there is any uncertainty about what is needed, seek professional advice before you submit.
Getting professional help
The Probate Network connects you with experienced, SRA-regulated probate professionals. You can request a probate quote online, or book a free legal consultation to discuss your circumstances.
This article is for general guidance only and does not constitute legal, tax or financial advice. Rules and thresholds 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 through The Probate Network.
Frequently asked questions
What happens if two people have equal priority to apply for Letters of Administration?
Where two people share the same priority — for example, two adult children — either can apply. If they cannot agree, one may apply and the other can renounce their right, or both can apply as joint administrators. A solicitor can advise on the best approach for your situation.
Can I apply for Letters of Administration myself, or do I need a solicitor?
You can apply without a solicitor. You can apply online or submit the PA1A form by post, and guidance is available on GOV.UK. However, professional help is worth considering if the estate includes property, if Inheritance Tax is payable, or if the family situation is complex. Errors can delay the process significantly.
What is the difference between Letters of Administration and a Grant of Probate?
Both documents give the holder legal authority to administer an estate. A Grant of Probate is issued where the deceased left a valid will naming an executor. Letters of Administration are issued where there is no valid will, or where no named executor is able or willing to act. The underlying duties of the administrator are the same as those of an executor.
Do I need Letters of Administration if the deceased had only a small amount of money in the bank?
It depends on the bank's own threshold. Banks and other institutions set their own small estate thresholds, typically between £5,000 and £50,000, below which they will release funds without a grant. Contact each institution directly to find out their policy. If property was held in the deceased's sole name, a grant will almost certainly be required regardless of the account balance.
