Probate · 5 min read · 25 October 2026
Letters of administration: what they are and who applies
Written by Simon D Campbell, Director, Shropshire Expert Cleaners LTD · 17 years in bereavement, trauma and hospital-standard cleaning
The short answer
When someone dies without a will in England and Wales, the person entitled under the intestacy rules — usually the spouse or civil partner, then children — applies for letters of administration. The document gives the administrator the same authority as an executor, and the application fee is the same £526 for estates over £5,000.
When someone dies without a valid will, there is no executor named to take charge. Instead, the law decides who inherits — the intestacy rules — and the person entitled under those rules applies to the probate service for letters of administration. That document gives them the legal authority to deal with the estate.
Who can apply, and in what order
GOV.UK sets out a fixed order: the surviving spouse or civil partner first, then children, then parents, then brothers and sisters, and so on down the family. The person who applies is called the administrator, and their job is essentially the same as an executor's — value the estate, pay the debts, distribute what is left.
An unmarried partner cannot apply, however long the relationship lasted, because they do not inherit under intestacy. That surprises many families.
How to apply
The process is almost identical to applying for probate: value the estate, deal with Inheritance Tax first if it is due, then apply online or by post. The application fee is the same — £526 where the estate is over £5,000, and nothing at or below that.
Until the grant is issued, banks and the Land Registry will not release sole-name assets or transfer property. Joint accounts and jointly owned property usually pass to the survivor automatically and do not wait for the grant.
Before you apply
Search thoroughly for a will first — the solicitor who handled the house purchase, the bank, a safe or filing box, and the National Will Register. Applying for letters of administration when a will later surfaces creates avoidable work and cost.
If the family disagrees about who should apply, or the estate includes a business, trusts or property abroad, take advice from a solicitor before applying rather than after.