Letters of Administration: How to Apply When There Is No Will

Administering an estate when there is no will adds an extra layer of complexity. Not only must the estate be collected and distributed according to the intestacy rules — rather than a will — but the legal authority to act (letters of administration) must first be obtained. This guide explains who can apply, how the process works, and what to expect.

Who Has the Right to Apply: The Order of Priority

Unlike probate (where the executor is named in the will), there is no automatic appointment of an administrator when someone dies intestate. Instead, the Non-Contentious Probate Rules 1987 set out a strict order of priority based on the Administration of Estates Act 1925 intestacy rules:

• 1. Spouse or civil partner (but not an unmarried partner — cohabitees have no automatic right under intestacy)
• 2. Children (including adopted children, but not step-children unless adopted) — if a child has died, their own children (the deceased’s grandchildren) may take their parent’s place
• 3. Parents (or parent, if only one survives)
• 4. Full siblings (brothers and sisters sharing both parents), or their children if the sibling has died
• 5. Half-siblings, then half-siblings’ children
• 6. Grandparents
• 7. Uncles and aunts (full, then half)

The person highest in this order has the right (and, if they choose to act, the duty) to apply for letters of administration. If there is no one in any of these categories, the estate passes to the Crown as bona vacantia (ownerless property).

Up to four people can be appointed joint administrators. There may be practical reasons to appoint multiple people — for example, if there are several children of equal priority who all wish to act.

Letters of Administration vs. Letters of Administration With Will Annexed

There are two distinct situations that both involve letters of administration (rather than a grant of probate):

• Simple letters of administration (intestate):Issued when the deceased died without a valid will. The estate is distributed according to the intestacy rules.
• Letters of administration with will annexed:Issued when a valid will exists but there is no executor able or willing to act — for example, because the executor named in the will has died, lacks capacity, or has renounced. In this case, a beneficiary or other interested person applies and administers the estate according to the terms of the will.

This guide focuses on the straightforward intestate situation. Letters of administration with will annexed follow a similar process but use form PA1P (with will) rather than PA1A.

Documents and Information Required

The documents and information needed for a letters of administration application are very similar to a probate application:

• PA1A form: The main application form, available on gov.uk or completed online via the HMCTS Probate Service portal. This captures details of the deceased, the applicant, the estate value, and the IHT position.
• Original death certificate: One certified copy of the death certificate (the Probate Registry will accept a copy but needs to verify it; the original is preferable).
• IHT declaration: For most modest intestate estates below the IHT threshold, this is the simplified online excepted estate declaration completed via the HMCTS portal. For taxable estates, the IHT400 must be filed with HMRC first.
• Gross and net estate values: Calculated from valuations of all assets and deduction of all liabilities. Bank letters, property valuations, and debt statements are needed.
• Details of any prior administrators: If someone with higher priority has renounced, their Deed of Renunciation must be filed with the application.

Renouncing Administration: The Deed of Renunciation

If the person with highest priority does not wish to act as administrator, they cannot simply stand aside informally. They must formally renounce their right by executing a Deed of Renunciation. This document is then filed with the probate application as evidence that the person with priority has stepped aside in favour of the next person in the order.

A Deed of Renunciation is a relatively straightforward document but must be signed by the renouncing person. Once signed, the renunciation is permanent — it cannot generally be withdrawn (though the court has power to permit retraction in exceptional circumstances).

Common situations where renunciation arises:

• A surviving spouse who is elderly or unwell and does not want the burden of administering the estate — they renounce so that an adult child can act instead
• One of several children does not wish to be involved — they renounce so that a sibling can act alone or with others
• A relative who lives abroad and cannot practically manage the administration — they renounce to enable a UK-based family member to act

HMCTS Timescales and Tracking Your Application

Letters of administration applications go through the same HMCTS Probate Registry process as probate applications, with broadly similar timescales. As of early 2026, the typical time from submission to grant is 16 to 20 weeks — though this can vary depending on the complexity of the application and the Probate Registry’s current workload.

The HMCTS Probate Service online portal allows you to track the status of your application without needing to call the registry. You can see when the application has been received, when it is being processed, and when the grant has been issued.

Common reasons for delays in letters of administration applications include:

• Missing or unclear information on the PA1A form (gross and net estate values are the most common source of errors)
• Failure to file a Deed of Renunciation when someone with higher priority has stepped aside
• Outstanding IHT issues — the Probate Registry will not issue the grant if the IHT position has not been resolved with HMRC
• Queries about the applicant’s entitlement to apply — for example, if the deceased was separated from a spouse but not divorced (the spouse still has priority as the marriage has not been legally dissolved)

The £300 application fee applies equally to letters of administration as to probate. Order sufficient official copies of the grant (at least 10, at £1.50 each) to notify banks and other asset-holders without delay.