Letters of Administration: What They Are & How to Apply

You may need to apply for a Letter of Administration if a loved one has passed away without leaving a will. This document makes you responsible for managing – or administering – the deceased’s estate. 

In this article, we’ll explain exactly what it is, when you need one, and how to apply for a Letter of Administration in the UK.

What is a Letter of Administration?

A Letter of Administration is a document granting the next of kin the authority to manage the estate of someone who has died ‘intestate’, which means without a valid will. There can be various circumstances that call for a Letter of Administration:

• The deceased did not leave a will
• The will is deemed invalid
• The person named in the will as executor is unable to fulfil the role

It is issued by the Probate Registry, which also issues Grants of Probate.

The UK’s rules of intestacy state who should inherit the estate of someone who dies without a will. Once this person has been granted the Letter of Administration, they become the ‘administrator’ of the estate and can keep or distribute the deceased’s assets as they please.

Letters of Administration vs. Grant of Probate

A Letter of Administration and a Grant of Probate both give a person the authority to manage a loved one’s estate, but the circumstances in which you need each document are different.

• A Grant of Probate is issued when the deceased left a valid will, and it’s granted to the executor named in that will. This person is expected to administer the estate in line with the wishes outlined by the deceased.
• Letters of Administration are required when there is no will, the will does not mention an executor or the appointed executor is unable to take on the role. The administrator must manage and share out the estate based on the rules of intestacy.

When do you Need a Letter of Administration?

You need a Letter of Administration if someone has died without a valid will and you are the next of kin according to the rules of intestacy. This document will enable you to legally manage the estate, which may involve taking control of bank accounts, selling property, and distributing finances or possessions.

Bear in mind that there are cases where you still need a Letter of Administration even if there is a valid will. When the named executor has passed away – or is either unwilling or unable to act – the next of kin must apply for Letters of Administration and manage the estate according to the will.

Who Should Apply?

The order of priority for next of kin with regard to Letters of Administration is set out by the UK government. The list is currently as follows:

1. Spouse or civil partner (not including unmarried partners)
2. Child (not including step-children)
3. Grandchild 
4. Parent 
5. Sibling 
6. Niece or nephew 
7. Grandparent 
8. Uncle or aunt

So, if the deceased has a living and capable spouse or civil partner, they should apply for the Letter of Administration. If, for example, they have no living spouse or child, a grandchild should apply. If no grandchild, a parent, and so forth.

We recommend using the government’s intestacy inheritance calculator to check who is expected to administer the estate.

How to Apply for Letters of Administration (UK)

Applying for a Letter of Administration in the UK involves a few steps:

1. Check if you’re eligible: The person applying must be the legal next of kin, which might be the spouse, child or a more distant relative of the deceased. The order of priority is set out in law as shown above.
2. Complete the application form: You need to fill out a PA1A form (if there is no will) or the PA1P form (if there is a will but no valid executor). These forms can be downloaded from GOV.uk.
3. Calculate and pay any inheritance tax: Before applying, check whether inheritance tax is due and pay any owed amount. This can be done using the IHT205 form if no tax is due, or the IHT400 form if tax is payable.
4. Submit the application: Once you’ve completed the forms, submit them to the Probate Registry with the death certificate and the application fee.
5. Receive the Letters of Administration: If the application is approved, the Probate Registry will issue the Letters of Administration, giving you the legal authority to manage the estate.
6. (When required) Notarise and/or Apostille the document: If you are managing assets based overseas as the administrator of the estate, you may need to get the Letter of Administration and death certificate verified by a notary and/or the Foreign, Commonwealth and Development Office (FCDO).

Notarisation and Apostille for Letters of Administration

You might need to get your Letter of Administration notarised and/or apostilled f the document is requested by an institution abroad. This could be a foreign bank the deceased has an account with or an international solicitor involved in a property transaction. 

Typically, the Letter of Administration will not need to be notarised as it will be stamped and sealed by the court. It can therefore be apostilled directly by the FCDO.  

Occasionally the receiver of the document may ask for it to also be notarised, and if so, we can help with this. We can notarise either the original Letter of Administration or a photocopy which we have made.

You may also need a stamp from the Consulate in London of the country you will be using the document in. Our team can confirm if this is necessary and help you with the process.

Conclusion

When a family member dies without a will, it can make the process of administering the estate confusing. By following the steps in this post, you can ensure you’re following the legal process and securing the correct documentation as smoothly as possible.

If you need notarisation for Letters of Administration or a Grant of Probate, get in touch with our team today. We’ll make the process as straightforward and pain-free as possible.