Letters of administration UK: when you need them, who can apply, and how
This guide covers when letters of administration are needed, who can apply, the order of priority, how the process works in England and Wales, and what it costs in 2026.
If someone dies without a valid will, or with a will that does not name an executor who can act, their estate cannot be dealt with under a grant of probate. The equivalent document is called letters of administration.
The practical authority is the same. It allows whoever is named on the document to collect the deceased's assets, pay debts and inheritance tax, and distribute what remains. The route to getting it, and the rules about who is entitled to apply, are different.
This guide covers when letters of administration are needed, who can apply, the order of priority, how the process works in England and Wales, and what it costs in 2026.
When letters of administration are needed
You apply for letters of administration in three main situations:
The deceased died without leaving a will (this is known as dying intestate)
The deceased left a will, but it did not name an executor
The deceased left a will and named an executor, but that executor has died, lost capacity, or formally renounced the role
In each case, the Probate Registry will not issue a grant of probate because there is no named executor able to act. Instead, it issues letters of administration to an eligible relative or other beneficiary, appointing them as the administrator of the estate.
If the deceased did leave a valid will and the named executor is able to act, the document you need is the grant of probate. See our guide on grant of probate UK.
When letters of administration with will annexed apply
A specific variant called letters of administration with will annexed is issued when the deceased left a valid will but the named executor cannot act. The will is still followed for distribution. The administrator is appointed in place of the executor.
This typically happens when the executor has died before the testator, has lost mental capacity, or has formally renounced the role.
Who can apply: the order of priority
Where there is no will, the rules of intestacy set out who is entitled to apply, in a fixed order:
The surviving spouse or civil partner
The children of the deceased (or their children if a child has died before the deceased)
The parents of the deceased
The siblings of the deceased (or their children if a sibling has died before the deceased)
Half-siblings (or their children if a half-sibling has died before the deceased)
Grandparents
Aunts and uncles (or their children if an aunt or uncle has died before the deceased)
Half-aunts and half-uncles (or their children if one has died before the deceased)
If no one in any of these categories exists, or if no one is willing to apply, the estate may eventually pass to the Crown under the bona vacantia rules.
For more on who inherits when there is no will, see our guide on intestacy rules UK: who inherits when there is no will.
Only people in the categories above can apply. A friend, a partner who was not married or in a civil partnership, or a more distant relative cannot apply ahead of someone with higher priority, even if they were closer to the deceased in practice.
Joint applications
Up to four people can apply jointly. Where the deceased had several children, for example, the children can apply together or one can take the lead while the others formally consent.
Where minor beneficiaries are involved (people under 18), at least two administrators must apply, because the law requires two trustees to act when minors are inheriting.
How to apply for letters of administration
The process has three stages, broadly matching the grant of probate route.
Stage one: value the estate. Add up everything the deceased owned at the date of death (property, savings, investments, valuables) and subtract everything they owed. The net figure determines whether inheritance tax is due.
Stage two: complete the inheritance tax forms. For deaths on or after 1 January 2022, simpler estates report inheritance tax information as part of the probate application. Larger or more complex estates need form IHT400 and supporting schedules. If inheritance tax is due, it must be paid (or arrangements made to pay in instalments) before letters of administration will be issued.
Stage three: apply for letters of administration. This is done online at gov.uk/applying-for-probate, or on paper using form PA1A (when there is no will) or PA1P (when there is a will but no acting executor). You will need the death certificate, the inheritance tax reference, and proof of your relationship to the deceased.
The Probate Registry currently aims to issue letters of administration within 16 weeks of a complete application. In practice the timeline depends on the complexity of the estate, whether HMRC has cleared the inheritance tax position, and whether there are any disputes about who has the right to apply. For a fuller breakdown of timings, see our guide on how long does probate take in the UK.
What it costs
The application fee in England and Wales is £300 for estates valued at more than £5,000, as of May 2024. Estates valued at £5,000 or less are free to apply for.
Additional sealed copies of the letters of administration cost £1.50 each. Most administrators order between five and ten copies at the start, because each financial institution, pension provider, and investment platform will want to see one and most retain the copy you send them.
If you instruct a probate solicitor, their fees are separate. Costs vary widely. Fixed-fee services for straightforward intestate estates start at around £1,000 to £1,500. Solicitors charging by percentage of the estate typically take 1% to 5% plus VAT.
What happens after letters of administration are issued
The administrator has the same legal authority as an executor. They can:
Send sealed copies to each financial institution to release funds
Sell or transfer property
Collect investment proceeds
Pay outstanding debts and the inheritance tax balance
Distribute the estate according to the rules of intestacy (or the will, if one exists)
Distribution under intestacy follows a strict order. The surviving spouse or civil partner takes a fixed share, with the remainder going to children, or further down the order if no spouse or children survive. The administrator must keep estate accounts, advertise for unknown creditors under Section 27 of the Trustee Act 1925, and distribute the residue once all debts are settled.
Where intestate estates often get stuck
Intestate estates carry some specific complications that estates with a will do not.
Finding the right person to apply. If the highest-priority relative has died or refuses to act, the right passes to the next in line. Tracing the correct person can take time, especially in families that are spread out or no longer in regular contact.
Identifying every asset. Without a will, there is no document listing what the deceased owned or where they banked. The administrator has to identify every account from scratch. This is one of the longest and most frustrating parts of an intestate administration. Most adults hold accounts across six to eight providers. Some are forgotten. Some are with providers that have rebranded. Some are dormant and classed as lost. For free tracing services, see our guide on My Lost Account UK: how it works and what it does not find.
Disputes about who should administer. Where multiple relatives have equal priority, agreement on who applies is not always straightforward. Disputes can hold the application up for months.
Scotland and Northern Ireland
Scotland uses different rules for intestate estates. The equivalent of letters of administration is called confirmation, applied for through the local Sheriff Court, and the rules on who inherits and who can act differ in important ways. In Northern Ireland, the process is broadly similar to England and Wales but is administered through the Probate Office in Belfast.
If the deceased lived in Scotland or Northern Ireland, take advice from a local solicitor.
When solicitor help is worth the cost
Intestate estates with property, multiple beneficiaries, or any complexity around who is entitled to apply usually benefit from solicitor involvement. The rules are unforgiving and personal liability for the administrator is real.
Straightforward intestate estates (one beneficiary, no property, modest accounts) can often be administered without a solicitor.
What sits outside the legal process, regardless of how complex the estate is, is the work of identifying and closing every account the deceased held. This is where Legacy Trail comes in. We work alongside the administrator or solicitor to find every financial and digital account the deceased held and notify each provider centrally. For intestate estates in particular, where there is no will to work from, this is often the most time-consuming part of the administration.
If you are dealing with an estate now, find out how Legacy Trail works.
This article is for general information only and does not constitute legal advice. Individual circumstances vary. If you are dealing with an estate, consider taking advice from a solicitor who specialises in probate. For other guidance specific to your circumstances, speak to a funeral director, Citizens Advice, or a regulated financial adviser.