Intestacy & Estate Administration

Letters of Administration

When someone dies without a will, a grant of letters of administration is needed to deal with their estate. We guide families through the process — from applying to the Probate Registry to distributing the estate under the intestacy rules.

01244 757 352 Get in Touch

What Are Letters of Administration?

Letters of administration is a legal document issued by the Probate Registry that authorises a person — known as the administrator — to deal with the estate of someone who has died without leaving a valid will. It is the equivalent of a grant of probate where a will exists.

Without letters of administration, banks, financial institutions and other organisations will not release the deceased's assets. The administrator is responsible for collecting in the estate, paying debts and taxes, and distributing what remains to the people entitled under the intestacy rules.

The intestacy rules are strict and do not take into account the wishes of the deceased or the needs of those left behind. Cohabitees, stepchildren, and close friends receive nothing under the intestacy rules — regardless of how long they lived with the deceased or how dependent they were on them. This is one of the most important reasons to make a will.

What We Do

Advise on who is entitled to apply
Prepare and submit the application
Calculate and pay inheritance tax
Obtain the grant from the Probate Registry
Collect in and distribute the estate
Advise on the intestacy rules

The Intestacy Rules — Who Inherits?

When someone dies without a will in England and Wales, their estate is distributed according to the intestacy rules in a strict order of priority.

Spouse or Civil Partner

Inherits the first £322,000 of the estate plus personal possessions, and half of the remainder. The other half goes to children.

Children

If there is no surviving spouse or civil partner, children inherit the entire estate in equal shares. Grandchildren inherit if a child has predeceased.

Parents

If there is no spouse and no children, the estate passes to the deceased's parents in equal shares.

Siblings

Brothers and sisters (or their children if they have predeceased) inherit if there are no surviving parents.

Half-Siblings

Half-brothers and half-sisters inherit if there are no full siblings.

Grandparents

If none of the above survive, the estate passes to grandparents.

Aunts and Uncles

Aunts and uncles (or their children) inherit if there are no grandparents.

The Crown (Bona Vacantia)

If there are no surviving relatives, the estate passes to the Crown as bona vacantia.

Important: Cohabitees, stepchildren, and unmarried partners receive nothing under the intestacy rules, regardless of the length of the relationship. Making a will is the only way to ensure they are provided for.

Our Probate & Estate Administration Team

Nikolina Vukovic

Legal Executive — Wills, Trusts & Estates

Probate & Estate Administration

Nikolina specialises in probate, wills, trusts and estate administration — including letters of administration for intestate estates. She supports clients through what is often one of the most difficult periods of their lives, from straightforward administrations to complex estates.

Laura Kirton

Wills & Probate Solicitor · 10 Years Qualified

Letters of Administration

Laura is a qualified solicitor with ten years' post-qualification experience, specialising in wills, probate, and lasting powers of attorney. She regularly advises families dealing with intestate estates and the complexities of the intestacy rules.

Frequently Asked Questions

What are letters of administration?

Letters of administration is a legal document issued by the Probate Registry that gives a person (the administrator) the authority to deal with the estate of someone who has died without a will (intestate). It is the equivalent of a grant of probate where there is a will.

Who can apply for letters of administration?

The right to apply follows the intestacy rules. A surviving spouse or civil partner has the first right to apply, followed by children, parents, siblings, and other relatives in order. If there is no surviving relative, the Treasury Solicitor may apply on behalf of the Crown.

How long does it take to get letters of administration?

The Probate Registry currently takes several months to process applications. The overall timeline depends on the complexity of the estate, whether inheritance tax is payable, and how quickly the necessary documents can be gathered. We will give you a realistic estimate at the outset.

Do I need a solicitor to apply for letters of administration?

You are not legally required to use a solicitor, but the process involves completing detailed legal forms, calculating any inheritance tax due, and dealing with the Probate Registry. Errors can cause significant delays. We strongly recommend using a solicitor, particularly where the estate is complex or there are family disputes.

What is the difference between letters of administration and probate?

A grant of probate is issued where the deceased left a valid will and appoints an executor. Letters of administration are issued where there is no will (or no valid executor). Both documents give the holder authority to deal with the estate, but the process and the rules that apply differ.

What happens if someone dies without a will and has no relatives?

If a person dies intestate with no surviving relatives who qualify under the intestacy rules, the estate passes to the Crown as bona vacantia. The Treasury Solicitor's office deals with these estates. It is one of the most compelling reasons to make a will — to ensure your estate goes to the people or causes you choose.