How long does it take to get letters of administration?

The Probate Registry processes applications for letters of administration in approximately the same timeframe as a probate application - currently around eight to sixteen weeks from the date of submission. However, the preparation stages can take longer for intestate estates than for estates with a will. There is no will to rely on for the list of assets, family relationships must be evidenced, and tracing all relevant relatives can take time. For a reasonably straightforward intestate estate, it is realistic to expect the grant to be issued within three to five months of instructing a solicitor.

Can an unmarried partner apply for letters of administration?

Under the current priority rules in England and Wales, an unmarried partner has no automatic right to apply for letters of administration and no automatic entitlement under the intestacy rules - regardless of the length of the relationship or whether they lived together. This is one of the most significant and often surprising consequences of dying without a will in England. An unmarried partner may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but such claims have a six-month time limit from the date letters of administration are granted and require legal advice promptly.

What if a Will is found after letters of administration have been granted?

If a valid will comes to light after letters of administration have been granted, it creates a significant complication. The grant of letters of administration must be revoked and, if the will names an executor who is willing and able to act, a grant of probate will be required in its place. Any administration carried out under the letters of administration may need to be revisited. This is a stressful and complex situation - if you find yourself in it, seek legal advice immediately. We handle these situations and can advise on the appropriate next steps to protect all parties.

Is the process different if the deceased had assets in Scotland?

Yes. If the deceased held assets in Scotland as well as in England or Wales, the Scottish assets require a separate process - a grant of confirmation from the Scottish Sheriff Court - in addition to the letters of administration for the English assets. The two processes run in parallel but involve different courts, different forms and different legal rules. In Scotland, where there is no will, the administrator is called an executor-dative and must be formally appointed by the Sheriff Court. Our team is dual-qualified across both jurisdictions, meaning we manage both processes from a single point of contact - eliminating the need for two separate firms and reducing cost and delay.

Apply for Letters of Administration

If someone has died without leaving a valid Will, or if the named executor is unable to act, you may need to apply for letters of administration rather than a grant of probate. A grant of letters of administration is ideally for family members who are looking to obtain the legal authority to administer a deceased person’s estate. Our specialist probate solicitors are here to guide you through the full application process.

WHAT ARE LETTERS OF ADMINISTRATION?

The legal authority to deal with an estate when there is no Will

When someone dies without a valid will – or when the executor named in a will is unable or unwilling to act – there is no executor to apply for a grant of probate. In those situations, a close relative (often the deceased’s children) can apply to the Probate Registry for a grant of letters of administration instead. Applicants must be over the age of 18 and have full mental capacity.

The legal document issued serves the same legal purpose as a grant of probate: it authorises the holder – called the administrator, rather than executor – to access the deceased’s assets, settle debts and taxes, and distribute what remains. Banks, the Land Registry and other institutions treat it in the same way. It is simply the probate equivalent for estates without a valid Will.

The process for obtaining letters of administration follows the same broad steps as a probate application – valuing the estate, completing the HMRC inheritance tax return where necessary, and submitting an application to the Probate Registry. The key differences are who is eligible to apply, and the fact that without a will, the intestacy rules determine who inherits rather than the wishes of the deceased.

Letters of administration can also be required in less obvious circumstances: where a will is found to be invalid, where all named executors have died, or where an executor has renounced their role. Our team advises on all of these situations.

Who can apply for letters of administration?

In England and Wales, the right to apply follows a fixed order of priority set out in the Non-Contentious Probate Rules 1987. Regardless of who it is, all applicants must be over the age of 18 and have full mental capacity.

1. Surviving spouse or civil partner

First in line – even if they are not entitled to the whole estate under the intestacy rules

2. Children of the deceased

If there is no surviving spouse, or the spouse has renounced their right to apply

3. Parents of the deceased

Step up if there is no spouse or children able to apply

4. Siblings of the whole blood

Full brothers and sisters of the deceased

5. Other relatives

More distant relatives may apply if no closer family members exist or are willing to act

WHO INHERITS WITHOUT A WILL?

How English Intestacy Rules Work

When someone dies without a will in England or Wales, the intestacy rules determine who inherits. These rules follow a strict order – they do not consider the relationships people had in practice, only their legal status. The result can sometimes be very different from what the deceased would have wanted.

The most important thing to understand about the intestacy rules is what they do not cover. Unmarried partners (no matter how long the relationship) inherit nothing. Stepchildren are not included unless formally adopted. Close friends, carers and unregistered partners are all excluded, regardless of the circumstances.

If you are in any of these positions, or if you believe the intestacy distribution does not reflect the deceased’s intentions, legal advice is important. There may be options available – including a claim under the Inheritance (Provision for Family and Dependants) Act 1975 – but these have time limits and should be considered promptly.

THE PROCESS

How to apply for letters of administration – step by step

Applying for letters of administration is similar to the probate process. Here is what is involved at each stage and how we help.

1. Register the death and confirm there is no Will

The death must be registered within five days in England and Wales. Order several certified copies of the death certificate – each institution you deal with will require one.

Before applying for letters of administration, you should make reasonable efforts to confirm that no valid will exists. Check the deceased’s papers, contact their solicitor if known, and search the Probate Registry’s record of registered wills. If a will is subsequently found after letters of administration have been granted, it can create significant complications.

2. Confirm your entitlement to apply

Before applying, you must establish that you are eligible to apply under the priority order set out in the Non-Contentious Probate Rules. If someone with a higher priority wishes to apply (or to renounce their right) this must be dealt with formally before your application can proceed.

Where multiple people have the same level of priority (for example, two adult children), they can apply together as joint administrators or one can renounce in favour of the other. We advise on the most practical approach for your family’s circumstances.

**up to four administrators can be appointed jointly – this is useful where family members wish to share the responsibility

3. Value the estate and report to HMRC

As with a probate application, the administrator must compile a full picture of the estate – all assets and liabilities at the date of death – before submitting. Where inheritance tax may be due, the relevant HMRC forms must be completed and any tax paid or arrangements made before the application can proceed.

Intestate estates can sometimes be more complex to value than testate ones – particularly where the deceased’s affairs were not well-organised. We help piece together the full picture, including writing to financial institutions, arranging property valuations and identifying any foreign or digital assets.

4. Submit the application to the Probate Registry

The application for letters of administration is submitted to HMCTS (either online or by post) along with the death certificate and relevant HMRC documentation. The court fee is for estates over £5,000. As with a probate application, we order multiple sealed copies of the grant upfront.

Processing times are broadly the same as for a grant of probate – approximately eight to sixteen weeks from submission. The grant, when issued, will be in the name of the administrator(s) and will specify the date of death and confirm that the deceased died intestate.

5. Administer and distribute the estate

With the grant in hand, the administrator proceeds to collect in the estate, settle debts and liabilities, and distribute what remains – but under the intestacy rules rather than the terms of a will. This requires care: the distribution must follow the legal entitlement exactly, which can sometimes mean family members receive different amounts than expected or intended.

We manage the full administration process on your behalf and prepare estate accounts throughout, so there is a clear record of everything received and distributed.

WHY JONES WHYTE?

Specialist solicitor-led support for intestate estates

Estates without a will are often more complex than those with one. Family relationships need to be traced and evidenced. HMRC forms still need completing. The intestacy distribution must be followed exactly, even where family members expected something different. And where unmarried partners or stepchildren are involved, sensitive conversations about legal entitlement are sometimes unavoidable.

Our probate team handles intestate estates regularly. We will identify who is entitled, manage the application process on your behalf, and guide the family through the distribution – clearly and with sensitivity.

SRA-regulated probate solicitors experienced in intestate estates — including complex and disputed situations.
Dual-qualified across Scottish law - if the estate has assets in Scotland too, one firm handles both processes.
Our fees are normally paid from the estate itself, meaning in most cases there is no direct upfront cost to the executor personally.
Specialist IHT advice available in-house - ensuring all available reliefs are identified and claimed as part of the probate process.

What Our Clients Say

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Common questions about Letters of Administration

A grant of probate and a grant of letters of administration both authorise a person to deal with a deceased's estate in England and Wales, but they arise in different circumstances. A grant of probate is issued when the deceased left a valid will and the named executor applies for authority to act. Letters of administration are issued when there is no valid will - or when the named executor has died, renounced, or is otherwise unable to act. The legal effect of both documents is the same: the holder can access assets, settle debts and distribute the estate. The key differences are who is entitled to apply, what document the Probate Registry issues, and importantly, whether the estate is distributed according to the Will or the intestacy rules.

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Apply for Letters of Administration

The legal authority to deal with an estate when there is no Will

Who can apply for letters of administration?

How English Intestacy Rules Work