Letters of Administration

When someone dies without leaving a valid Will, somebody still has to deal with their estate. Letters of administration are the court document that gives that person the authority to do it. Until the grant is issued, nobody has the standing to close an account, sell a house or settle a debt.

Intestacy is more common than most people expect, and it often adds an extra layer of pressure when a family is already coping with loss. Because the rules are set out in law rather than agreed between relatives, the person entitled to act is not always who the family assumes it will be.

This page explains what letters of administration are, who is entitled to apply and what the job involves once the grant arrives. Our Wills, probate and power of attorney solicitors can talk it through with you before you commit to anything.

Speak to our probate solicitors in the Wirral

If someone close to you has died without a Will and you are not sure whether you can apply, or whether you should, a short conversation will usually settle it.

We are always happy to answer your questions, free of charge and without obligation. Call us on 0151 647 0000 during office hours, or email us and we will get back to you.

What are letters of administration?

Letters of administration are a grant issued by the Probate Registry, part of His Majesty’s Courts and Tribunals Service (HMCTS), where someone has died without a valid Will, or where there is a Will but no executor able or willing to act. The grant appoints an administrator and confirms their authority to collect in the estate, settle its debts and pass on what is left.

We deal with these applications for families across the Wirral and Merseyside from our office in Hamilton Square, Birkenhead, and we are used to explaining the process to people who have never had cause to think about it before. With our team at your side, we can assure you of a smooth journey through this confusing time.

When do you need letters of administration?

A grant of letters of administration is needed in four situations:

• There is no Will at all
• There is a Will, but it is not valid
• There is a valid Will, but it names no executor
• Every executor named has died, renounced or is unable to act

Beyond that, whether a grant is needed at all depends on what the estate holds. Property or land in the deceased’s sole name almost always requires one, as do shareholdings and investments. Banks and building societies each set their own limit, commonly somewhere between £5,000 and £50,000, so ask each provider what it will release without seeing a grant.

No grant is needed for assets held as joint tenants, which pass automatically to the surviving owner by survivorship. Small estates can sometimes be wound up without one, where every asset holder is willing to release funds directly.

Letters of administration vs grant of probate

The difference is the Will, not the work. Where there is a valid Will and an executor able to act, the court issues a grant of probate. Where there is not, it issues letters of administration.

Once either grant is in hand, the job is much the same: collect in the assets, settle the debts, account for everything and distribute what is left. What changes is who has the right to act, and who inherits.

Who can apply for letters of administration?

Entitlement is not a matter of choice or family agreement. It follows the rules of intestacy, which set out a strict order of priority:

1. Spouse or civil partner
2. Children, or their children where a child has died
3. Parents
4. Brothers and sisters of the whole blood, or their children
5. Half-brothers and half-sisters, or their children
6. Grandparents
7. Aunts and uncles, or their children

Whoever is highest in that order takes precedence. For instance, a son cannot apply while the deceased’s spouse is alive and willing to act, although someone with the stronger claim can renounce and let the next in line proceed. Up to four people can be named on one grant.

Unmarried partners and stepchildren have no automatic right to apply, however long the relationship lasted. That is one of the hardest conversations we have with families, but it is better to have it early than after months of work.

Administrator vs executor: what is the difference?

An executor is appointed by a Will, and their authority runs from the date of death. The grant of probate proves that authority rather than creating it, so an executor can make a start straight away.

An administrator is appointed by the court and has no authority until the grant is issued. That distinction matters in practice: an administrator cannot close accounts, sell property or distribute anything before the grant arrives, however obvious the outcome looks. Our page on executors and administrators sets out the duties attached to each role.

Grant of letters of administration with Will annexed

There is a further category that catches people out. Where there is a valid Will but no executor able or willing to act, the court issues a grant of letters of administration with Will annexed. The usual causes are an executor who has died, one who has renounced, or a Will that never named an executor in the first place.

The important point is that the Will still governs who inherits. Only the authority to administer the estate changes hands, usually to a beneficiary or the residuary legatee. The intestacy rules do not come into it.

How to apply for letters of administration

1. Register the death and order several copies of the death certificate. Each asset holder will want to see one.
2. Identify and value everything the estate owns and owes as at the date of death. This is the longest stage and the one most worth getting right.
3. Report the estate to HMRC and pay any inheritance tax due. Tax generally has to be paid before the grant will be issued, and you need to allow around 20 working days after reporting before the application can go in.
4. Complete the application. Most are now made online, and the paper route where there is no Will is form PA1A.
5. Sign the statement of truth, confirming that you are entitled to apply and that the figures are accurate. It is signed rather than sworn.
6. Pay the application fee. A single flat fee applies to estates above a small value, with nothing to pay below it.
7. Receive the grant, with as many sealed copies as you have ordered.

The GOV.UK guidance for estates without a Will covers the mechanics of the application, and our guide to probate sets out how the wider process fits together.

What happens after the grant is issued?

The grant is the start of the work rather than the end of it. As administrator of the estate, you will need to:

• Close accounts and collect in the money and investments the estate holds
• Sell or transfer any property
• Place statutory notices for creditors in The Gazette and a local newspaper
• Settle the estate’s debts in the order the law requires
• Prepare estate accounts showing what came in, what went out and what is left
• Handle distributing the estate accurately under the intestacy rules

An administrator is personally liable for getting this wrong, and paying the wrong person is not a mistake that can be undone with an apology. That, rather than the paperwork, is why most families ask us to take it on. Our probate administration service covers the whole of this stage.

How long does it take and what does it cost?

The grant itself is commonly issued within a few weeks to a few months of a complete application reaching the registry. Inheritance tax, queries from the registry and missing paperwork all push it out, and intestate estates attract more questions than most, because the registry has to be satisfied that the applicant really is the person entitled. Allow nine to 12 months for the full administration, and longer where there is property to sell or a beneficiary to trace.

There are two costs. The registry charges a single application fee, plus a small amount for each sealed copy of the grant. Our own fees depend on whether you instruct us for the grant alone or for the full administration, and we will tell you what the work will cost before you commit to it. Our Wills, probate and power of attorney funding page explains how we charge.

Common complications with intestate estates

Estates without a Will generate more disputes than estates with one. The ones we see most often are:

• Two or more relatives with equal entitlement who cannot agree on who should apply, or on whether to sell the house
• Beneficiaries who are missing, unknown or long out of touch, which can mean tracing work before anything is distributed
• A cohabiting partner who inherits nothing under the intestacy rules, whatever the couple intended
• A claim under the Inheritance (Provision for Family and Dependants) Act 1975 by someone the rules leave out, which a long-term partner may be able to bring
• A Will that surfaces after the grant has been issued. The grant can be revoked and replaced, so stop distributing and take advice straight away

Our letters of administration solicitors in the Wirral and Merseyside

RMNJ has over 75 years’ experience, and much of our probate work comes from families who have used us before. We also hold Lexcel accreditation, the Law Society’s practice management standard.

You can instruct us for the grant alone or for the full administration of the estate. Either way, you will have a named person dealing with your matter, and we will keep you informed rather than leave you to chase.

We see clients at our office in Hamilton Square, Birkenhead, and act for families across the Wirral, Liverpool and the wider Merseyside area. Appointments can be face-to-face or remote, whichever is easier for you. If you are weighing up who to instruct, our page on deciding upon RMNJ for probate sets out what working with us involves.

Frequently asked questions about letters of administration

Can two people apply for letters of administration together?

Yes. Up to four administrators can be named on one grant. Where a beneficiary is under 18, or where the estate creates a life interest, the registry will usually expect at least two administrators rather than one.

Can I refuse to be an administrator?

Yes. Nobody is obliged to apply, even as the closest surviving relative. You can either not apply, or formally renounce, which puts the position beyond doubt and allows the next person in the order of priority to step up. Renouncing is difficult to undo, so take advice before you sign anything.

Can I apply for letters of administration myself?

Yes, through GOV.UK, and many people do. The risk sits with you rather than with the form. An administrator who distributes to the wrong person, misses a creditor or gets the intestacy shares wrong is personally liable for it. Where the estate includes property, inheritance tax, a beneficiary who cannot be traced or any disagreement, advice is worth having.

Speak to our probate solicitors in the Wirral

If someone close to you has died without a Will and you are not sure whether you can apply, or whether you should, a short conversation will usually settle it.

We are always happy to answer your questions, free of charge and without obligation.