Can an unmarried partner apply for letters of administration?

Under the current intestacy rules in England and Wales, an unmarried partner has no automatic right to inherit and no automatic right to apply for letters of administration, regardless of how long they lived together. A cohabiting partner who lived with the deceased for at least two years immediately before the death can apply for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, with a six-month deadline from the grant being issued.

What if the deceased had children from a previous relationship?

Where the deceased is survived by a spouse or civil partner and by children from a previous relationship, the children are entitled to a share of the estate above the statutory legacy. Children from any relationship are treated equally under the intestacy rules.

How long does it take to get letters of administration?

A straightforward application where there are no Inheritance Tax complications might take three to six months from the date of death. More complex estates take longer.

Do I need letters of administration for a small estate?

Not always. Many banks and financial institutions have their own internal thresholds below which they will release funds without a formal grant. These thresholds vary by institution. If the estate includes registered property, you will need a formal grant.

Can two people apply for letters of administration together?

Yes. Up to four administrators can be named on a grant. Joint applications are common where several adult children have equal priority.

What happens to the deceased's debts if no one applies for letters of administration?

The debts do not disappear. Creditors remain entitled to pursue the estate. A creditor can apply to the court to be appointed as administrator themselves to recover what is owed to them.

Letters of administration: what to do when someone dies without a will

When someone dies without leaving a valid will, they are said to have died “intestate.” In that situation, there is no executor to deal with the estate, and a different legal process applies. This guide explains what letters of administration are, who is entitled to apply, how the process works, and what happens to the estate.

What are letters of administration?

Letters of administration are the legal document issued by the Probate Registry to authorise a person (called an administrator) to deal with the estate of someone who has died intestate.

The effect is similar to a Grant of Probate, which is issued when there is a valid will. Both documents allow banks, investment providers, HM Land Registry, and other institutions to release assets to the person named in the grant.

Without letters of administration, no one has legal authority to deal with the estate. Banks will not release funds. Property cannot be sold or transferred. Debts cannot be formally settled.

When are letters of administration needed?

You need letters of administration whenever the deceased died without a valid will and the estate contains assets that cannot be transferred without a formal grant. Common examples include:

A bank account held solely in the deceased's name with more than the institution's threshold for small estates.
A property held in the deceased's sole name or as tenants in common.
Investment or pension accounts where no named beneficiary is held.
A business interest held in the deceased's name.

Where all assets are jointly held and pass by survivorship, or where the total value of solely owned assets is very small, some institutions may agree to deal with the estate without a formal grant.

How the intestacy rules work

Where there is no will, the law decides who inherits through the intestacy rules, set out in the Administration of Estates Act 1925. The intestacy rules do not consider the deceased's wishes, their relationships, or their family circumstances. They apply a fixed hierarchy.

England and Wales intestacy rules (summary)

Spouse or civil partner survives, no children. The spouse or civil partner inherits the entire estate.
Spouse or civil partner survives, with children. The spouse or civil partner inherits all personal possessions, the first £322,000 (the statutory legacy, applicable to deaths on or after 26 July 2023; this figure is periodically reviewed by statutory instrument — verify the current figure at gov.uk before distributing), and half of anything remaining above that figure. The other half of the remainder is divided equally among the children.
No spouse or civil partner, children survive. The estate is divided equally among the children. If a child has died before the deceased, that child's share passes to their own children.
No spouse or civil partner, no children. The estate passes to surviving relatives in this order: parents, siblings, half-siblings, grandparents, aunts and uncles, half-aunts and half-uncles.
No surviving relatives. The estate passes to the Crown (called bona vacantia).

Who is excluded under intestacy

The intestacy rules do not automatically benefit:

Unmarried partners, however long the relationship.
Stepchildren who were not legally adopted.
Friends or carers.
Charities.

If you were in any of these categories and relied on the deceased, you may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Such a claim must normally be made within six months of the letters of administration being granted, not six months from the date of death. Take legal advice promptly if you think you may have a claim.

Even where an estate has passed to the Crown as bona vacantia, it may in some circumstances be possible to make a claim against it. The Government Legal Department publishes guidance on this at gov.uk/government/organisations/government-legal-department. Time limits apply; take legal advice promptly.

Who can apply for letters of administration

The order of priority for who can apply to be administrator is set out in the Non-Contentious Probate Rules 1987:

Spouse or civil partner.
Children (or their descendants if a child has predeceased).
Parents.
Brothers and sisters of the whole blood (or their descendants).
Brothers and sisters of the half blood (or their descendants).
Grandparents.
Uncles and aunts of the whole blood (or their descendants).
Uncles and aunts of the half blood (or their descendants).
The Crown (for bona vacantia estates).

A maximum of four administrators can be named on the grant. If the person with the highest priority does not want to apply, they can renounce their right in writing.

How the application process works

The application for letters of administration is broadly similar to a probate application. You will need:

The original death certificate (or a certified copy).
Completed HMRC Inheritance Tax forms.
The application fee.
A statement of truth confirming your entitlement to apply and your intention to administer the estate.

You can apply online through the HMCTS probate service at apply-for-probate.service.gov.uk or by post to the Principal Registry of the Family Division or a local district probate registry. Processing times vary; at peak periods, several months is not unusual.

Your duties as administrator

Once the letters of administration are issued, your duties are essentially the same as those of an executor:

Identify and value all assets and liabilities.
Pay all debts and taxes.
Distribute the estate in accordance with the intestacy rules.
Keep clear accounts and records.
Obtain receipts from beneficiaries on distribution.

What “letters of administration with will annexed” means

Sometimes a will exists, but there is no executor available or willing to act. This can happen if the executor named in the will has died, has lost mental capacity, has renounced their right to act, or the will does not name an executor at all. In these situations, the court can issue letters of administration with will annexed. The administrator then carries out the terms of the will, rather than distributing under the intestacy rules.

The risk of distributing without letters of administration

Some families are tempted to divide assets among themselves without going through the formal process. This carries real risks:

Personal liability. If you transfer or receive assets from an estate without proper authority and a creditor later makes a claim, you may be personally liable.
Unknown debts. Without advertising for creditors, you may not discover all the deceased's debts.
Tax errors. HMRC expects estates to account properly for Inheritance Tax and income arising during administration.
Property transfers. HM Land Registry will not transfer registered property without a valid grant.

Practical steps when someone dies without a will

Register the death and obtain certified copies of the death certificate.
Locate and secure all assets.
Establish who is entitled under the intestacy rules.
Value the estate.
Complete the relevant HMRC forms.
Apply for letters of administration.
Advertise for creditors (Trustee Act 1925 notice in The Gazette and a local newspaper).
Pay debts and taxes from estate funds.
Distribute the estate in accordance with the intestacy rules.
Prepare estate accounts and obtain receipts from beneficiaries.