Executor guide › Letters of administration · England & Wales

intestate estates · administration

Letters of Administration —
the court authority when there is no will

When someone dies without a valid will, no executor is named. A letters of administration grant gives a family member the same authority to close bank accounts, transfer property, and distribute the estate that an executor holds under a will.

Form PA1A· HMCTS

Fee£526

Verified against GOV.UK on 22 Aug 2026

Get legal help if

The estate is disputed between family members, a cohabiting partner is making a claim, the deceased had assets overseas, a will may exist but cannot be found, or two potential administrators cannot agree on who should apply. These situations need a solicitor before any application is made.

§1What it is

The court authority that replaces an executor when there is no will.

A grant of letters of administration is the Probate Registry's authority to manage an intestate estate — one left without a valid will. Without a will, no executor is named. The court instead grants authority to an eligible family member, who becomes the administrator and holds the same powers and duties: collect assets, pay debts, and distribute the estate.

The key difference from a grant of probate is who receives the authority. Probate names the executor chosen by the deceased in their will. Letters of administration names a family member in the order set by law — the Non-Contentious Probate Rules 1987, rule 22 — regardless of what the deceased may have intended.

The intestacy rules (Administration of Estates Act 1925 s.46) then determine who inherits — a separate question from who administers. An administrator does not automatically inherit; they distribute the estate to whoever the law says is entitled.

§2Who can apply

The order of entitlement to apply on intestacy — NCPR 1987 r.22.

The priority order is not discretionary. HMCTS will not accept an application from a lower-priority category unless everyone in every higher category has died, renounced, or been cited to take or refuse the grant. The applicant must clear off every prior category first.

Spouse or civil partnerFirst

First priority in every case. Must have survived the deceased. Divorce ends the right. A cohabiting partner — however long the relationship — has no entitlement under this rule or under the intestacy rules.

Children and remoter issueSecond

Apply if no spouse survives. The deceased's children have equal priority. If a child predeceased, their own children — the deceased's grandchildren — may step up in that child's place.

ParentsThird

If no spouse and no children (or issue) survive, either surviving parent may apply. Both may apply jointly if they choose.

Siblings, then remoter kinFurther

Brothers and sisters of the whole blood come next (or their children if predeceased), then half blood, then grandparents, uncles and aunts. Each group must be cleared — dead, renounced, or cited — before the next can apply.

Worked example

David dies without a will. His wife Susan and their two adult children, James and Sarah, survive him.

Susan has first priority as surviving spouse under NCPR r.22. She applies using form PA1A.

HMCTS issues the grant of letters of administration to Susan. She can now close David's accounts, sell his car, and collect his pension lump sum.

She distributes the estate under the intestacy rules — as spouse, Susan inherits the first £322,000 of the net estate outright, plus half of anything above that; James and Sarah share the rest.

If Susan had already died, James and Sarah would apply jointly or either could apply alone — they have equal priority at position 2.

§3Common questions

Letters of administration, answered.

Both are court grants giving legal authority to close an estate. Grant of probate issues when there is a valid will, naming the executor from that will.

Letters of administration issues when there is no will — it grants authority to a family member in the priority order set by NCPR 1987 r.22. The administrator then has the same powers as an executor.

The application fee is £526 for estates worth more than £5,000 — the same fee as a grant of probate.

Certified copies of the grant cost £2 each; order enough upfront as each bank, pension provider, or land registry typically requires its own original copy.

Once HMCTS receives a complete PA1A application, the grant typically issues in 4–12 weeks.

Complex estates — those with overseas assets, family disputes, or IHT to pay — take longer. Delay in gathering documents before applying is the most common cause of a slow process.

Yes. A personal application using form PA1A can be submitted online or by post through the HMCTS Probate Service without a solicitor.

Legal support is advisable where the estate is large, beneficiaries disagree, a higher-priority family member refuses to apply or renounce, or the deceased had assets overseas.

Not automatically. A cohabiting partner — regardless of the length of the relationship — has no right to apply under NCPR 1987 r.22, and no right to inherit under the intestacy rules (Administration of Estates Act 1925 s.46).

They may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on the deceased. Legal advice is strongly recommended.

Where two people have equal priority — for example, two adult children — either may apply alone, or they may apply jointly. Up to four administrators can be appointed together.

If someone objects to the proposed administrator, they can enter a caveat at the Probate Registry to pause the process.

Contested applications are resolved by the court. Take legal advice before any caveat action.

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Related next steps

FormPA1A — letters of administration →the intestate grant application via HMCTS GuideProbate fees — £526 →what the application fee covers and when it applies ToolIntestacy checker →who inherits when there is no will — England and Wales GuideWhat happens if you die without a will →the full intestacy picture — money, order of inheritance, who's left out GuideWhat to do when someone dies →step-by-step from death to estate closed

Informational, not legal advice. Priority order and fee verified against GOV.UK on 22 Aug 2026. Intestacy law = England and Wales only.

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intestate estates · administration

Letters of Administration —
the court authority when there is no will

The court authority that replaces an executor when there is no will.

The order of entitlement to apply on intestacy — NCPR 1987 r.22.

Letters of administration, answered.

If this was useful, you might also need —

Probate or letters of administration

Who inherits with no will

Probate fees

How long does probate take

intestate estates · administration

Letters of Administration —the court authority when there is no will

The court authority that replaces an executor when there is no will.

The order of entitlement to apply on intestacy — NCPR 1987 r.22.

Letters of administration, answered.

If this was useful, you might also need —

Probate or letters of administration

Who inherits with no will

Probate fees

How long does probate take

Letters of Administration —
the court authority when there is no will