What are Letters of Administration?
Dealing with the estate of a loved one after they have passed away can be a complex and emotional process, littered with unfamiliar terms and confusing procedures. This feeling can be exemplified when there is no Will to guide you. In the realm of estate administration, terms such as “Wills” and “probate” often take centre stage. However, one crucial legal document that plays a pivotal role in the administration of an estate when someone dies without leaving a valid Will is a Grant of Letters of Administration (also known as simply Letters of Administration). In this article, we’ll explain what Letters of Administration are, when they are needed, and run through the process of applying for them. We understand that the application can be a confusing ordeal, especially if you are unfamiliar with the legal system. Therefore, we aim to make this complex subject easier to understand.
What is a Grant of Letters of Administration?
A Grant of Letters of Administration is an official legal document granted by the Probate Registry, authorising a person to act as an Administrator of a deceased person’s estate in accordance with the law. The Administrator of an estate handles the deceased person’s affairs when they die without leaving a valid Will (known as dying “intestate”). Being appointed as an Administrator of an estate is the same as being made an Executor of a Will. The only difference is that the Administrator of an estate is not named in a Will. They are instead appointed by the Court. Once the Letters of Administration have been granted, the Administrator gains the legal power to oversee the distribution of assets, settle debts, and distribute inheritance to the beneficiaries. The Administrator will generally be someone close to the deceased, such as a family member or close relative, though it can also be a legal professional.
By being granted Letters of Administration, you are ensuring that the estate is handled according to the laws of intestacy, which dictate the hierarchy of beneficiaries. It grants you the right to do everything the Executor could have done without a valid Will existing. It is a crucial step that paves the way for the administration of the estate to commence, as without this document, you may not be legally authorised to carry out the duties of being an Administrator. This could cause delays and complicate the probate process if not done correctly.
Who can apply for a Grant of Letters of Administration?
Once it has been confirmed that no valid Will exists, the application to obtain Letters of Administration can begin. However, there are strict rules that dictate who can apply. As previously mentioned, the Administrator appointed will generally be a family member or close relative of the person who has died. Deciding who the responsibility falls to is dictated by the rules of intestacy. The order of priority is as follows:
- The deceased’s spouse or civil partner;
- A child of the deceased, including adopted children but excluding stepchildren;
- A parent of the deceased;
- A sibling of the deceased;
- A grandparent of the deceased;
- An uncle or aunt of the deceased.
If you are unsure who the closest living relative is of the person you know who has died, you can use an inheritance calculator to help you. This is especially useful if there’s no surviving spouse, civil partner, or children.
It is important to note that if the deceased person's partner was separated from them at the time of death, but was still married or in a civil partnership with them, they can still apply for Letters of Administration. However, if the partner was not a spouse or civil partner at the time of the deceased's death, they cannot apply. If you are unsure about whether you can apply for Letters of Administration, it is recommended that you seek help from a legal professional or probate provider such as Kings Court Trust.
Obtaining a Grant of Letters of Administration
To obtain Letters of Administration, you will need to complete a form called PA1A. Once completed, you will need to send it and the death certificate to the Probate Registry. You’ll also need to gather proof of ownership of all the assets belonging to the person who has passed away, as well as details of any debts owed by them. Possible assets could include money held in bank accounts, property, and investments such as shares. Sending all this information within your application allows the estate to be properly valued and for the appropriate amount of tax due to be calculated (if applicable). If Inheritance Tax (IHT) is due, you must also complete and send the correct Inheritance Tax form along with your application.
There is an application fee of £300 for Letters of Administration if the estate of the deceased is worth over £5,000. If the estate is worth £5,000 or less, then there is no application fee. There is a small additional fee of £1.50 for each copy of the Grant you require. It is best practice to order multiple copies if you need to send the Grant to multiple institutions. That way, you can send them simultaneously to speed up the process of administering the estate, instead of having to wait to contact each institution one by one.
You can apply for Letters of Administration either online on the GOV.UK website, or via the post. According to the GOV.UK, as of March 2025, you should usually receive the Grant 12 weeks after submitting your application; however, it can sometimes take longer if there are complications.
If the application is not completed properly, isn’t supported by the required documents, or isn’t accompanied by the correct fee, it will be returned to you. The estate administration process can be stressful and time-consuming, so you must ensure all documentation is collected and correct. If you are feeling uncertain about what’s needed, seek professional advice at the earliest opportunity to avoid complications further down the line.