Farra is a death administration assistant for UK families. Get step-by-step guidance for registering a death, applying for probate, notifying banks, and managing bereavement admin. From essential documents to practical checklists, Farra simplifies estate paperwork and funeral-related tasks so you can focus on what matters.
In England and Wales, when someone dies without a will (intestate) there is no executor to administer the estate — instead, a close relative applies to the Probate Registry for letters of administration. The application uses form PA1A and follows the same basic process as probate, but the person who applies is called an administrator, not an executor. The strict order of priority for who can apply is set out in the Administration of Estates Act 1925.
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.
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:
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.
There are two distinct situations that both involve letters of administration (rather than a grant of probate):
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.
Neither exists in Scotland. There, the equivalent grant is confirmation, applied for through the sheriff clerk; where there is no will the person appointed is an executor-dative rather than an administrator. Northern Ireland does use letters of administration, but applications go to the Probate and Matrimonial Office rather than to HMCTS, and Northern Ireland's intestacy figures are its own.
No will does not mean no process
Dying without a will does not make estate administration simpler — in many ways it is more complicated. The intestacy rules are fixed by law and cannot be changed by agreement of the family, unless all adult beneficiaries consent to a deed of variation within 2 years of the death. If the intestacy rules produce an outcome the family considers unfair, a deed of variation may be the appropriate remedy.
The documents and information needed for a letters of administration application are very similar to a probate application:
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:
Letters of administration applications go through the same HMCTS Probate Registry process as probate applications, with the same timescales. GOV.UK states that you will usually get the grant within 12 weeks of submitting the application, and that it can take longer if further information is needed. Paper applications take longer to process than online ones. No official source publishes a separate average for intestate applications.
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:
The £526 application fee applies equally to letters of administration as to probate, on estates over £5,000; there is no fee at or below £5,000. Official copies of the grant cost £2 each when ordered with the application and £16 each if ordered afterwards, so it is cheaper to order at the outset however many asset-holders you expect to have to send one to.