How to apply for letters of administration when there is no will (PA1A)

If the deceased left a surviving spouse or civil partner, they are entitled to apply first — and to inherit the most.

If the estate is worth £322,000 or less, the spouse inherits everything.

If it is worth more than £322,000 and there are children, the spouse takes the first £322,000 outright plus half of the remainder; the other half goes to the children in equal shares.

(The £322,000 threshold as of 2024-26 — confirm with gov.uk as it adjusts periodically.)

If there is no surviving spouse or civil partner, the children inherit in equal shares.

If a child has already died but left children of their own (the deceased's grandchildren), those grandchildren step into their parent's share.

Legally adopted children are treated identically to biological children.

Stepchildren who were not legally adopted do not inherit under the intestacy rules unless left a gift by will.

The intestacy order continues: parents (equally if both alive), then full siblings (if neither parent survives), then half-siblings, then grandparents, then aunts and uncles.

If none survive, the estate passes to the Crown (bona vacantia).

If there are two or more people at the same level of entitlement (for example, three surviving children), any one of them can apply — but the others must provide a written renunciation or consent.

The Probate Registry will not usually issue the Grant until those renunciations are in order.

IHT205 was abolished for deaths on or after 1 January 2022.

If the estate is excepted — broadly, within the available nil-rate band or fully exempt, with no significant gifts in the last 7 years, no trusts, and no substantial foreign assets — you no longer complete a separate IHT return.

You report the gross and net estate values directly in the PA1A (or the online probate application), and the Probate Registry confirms no inheritance tax is due.

(For deaths before 1 January 2022, the old IHT205 still applied.)

If inheritance tax may be due, or the estate includes foreign assets, gifts, trusts, or business property, you need the full IHT400 Inheritance Tax account, sent to HMRC.

Rather than returning a stamped IHT421 as in the past, HMRC now issues a unique code/reference once it has processed the account — usually within 20 working days of your IHT400 or payment, whichever is later.

You then use that code to apply for the grant with the PA1A.

A small estate may not need a grant at all. Many banks and building societies release a sole-account balance below their own limit on the death certificate and their own closure or indemnity form (some also ask for a witnessed statutory declaration).

Barclays, Santander UK, Nationwide Building Society and NatWest publish £50,000 for sole accounts; Lloyds Bank and Halifax publish no figure and decide case by case.

Across the 59 banks and building societies we have checked, published figures run from £5,000 to £50,000.

Check with each institution before applying.

The deceased's full name as it appears on the death certificate.

If they were known by any other name — a maiden name, a common-law name, a business name — list those too.

Banks and other institutions often hold accounts in different name variations, and including aliases now prevents problems when producing the Grant later.

Exactly as on the death certificate.

Date of birth and marital status at death are also required.

Marital status matters for the intestacy calculation.

The deceased's last permanent home address and the country of their domicile (for most people, England and Wales).

Domicile determines which country's succession laws apply — for most UK-born people living in England and Wales, domicile is not an issue, but if the deceased spent significant time abroad it may need consideration.

The PA1A is the form for intestacy (no valid will).

If a will was found but is invalid (for example, not signed correctly, or made when the deceased lacked capacity), you should take legal advice before applying — there may be contested-will proceedings first.

Your full name, address, date of birth, and your relationship to the deceased — for example, 'surviving spouse', 'eldest child', 'parent'.

Be precise: the Probate Registry checks this against the intestacy rules to confirm you are entitled.

If other family members are equally entitled to apply and you are applying alone, you need signed renunciations from them.

For example, if the deceased had three children and only one is applying, the other two must sign a Renunciation form (or their solicitors must write confirming they do not intend to apply).

The Probate Registry may ask for these documents.

The PA1A includes a statement of truth (replacing the traditional sworn oath).

By signing it you confirm, among other things, that to the best of your knowledge there was no valid will, that you are entitled to apply, and that you will administer the estate correctly according to the law.

If there is a surviving spouse AND children, and the estate is over £322,000, the spouse and one child may apply together as co-administrators to simplify the joint-inheritance situation.

This is not required but can help in practice when the estate includes a property.

Completed PA1A form · the death certificate (official certified copy from the registrar, not a photocopy) · for an IHT400 estate, the HMRC code/reference confirming the account has been processed (excepted estates need no IHT form — the values go in the application itself) · renunciations from equally-entitled persons who are not applying · the application fee (£526 for estates over £5,000).

You can apply online via HMCTS Probate Registry — the portal guides you through the submission checklist.

The Registry checks that your IHT paperwork is in order, that your relationship and entitlement are correctly stated, and that the form is correctly completed and signed.

For straightforward intestacy applications, this typically takes 8–12 weeks from receipt of a complete application.

The Grant is the document that gives you formal authority to collect and administer the estate.

It is issued in the administrator's name, states the date of death and the estate value, and is sealed by the Court.

You will need multiple sealed copies — usually 5–10 — to send to banks, insurers, land registry, and other institutions.

Once you have the Grant, you collect the estate assets, pay all debts and liabilities (in the correct legal order: secured creditors first, then ordinary creditors), place a Deceased Estates Notice in the London Gazette (protecting you against later creditor claims), and finally distribute what remains to beneficiaries according to the intestacy rules.