Working out who can apply
The right to act is governed by legal rules. Being the person who arranged the funeral or helped with everyday affairs does not, by itself, settle who should apply.
Authority to Deal with an Estate
Letters of Administration
When someone dies without a will, an eligible person may need letters of administration to deal with their estate. We can help establish who has the right to apply, what information is needed and the responsibilities that follow.
Understanding your next steps
How we can help
Understanding the administrator's role
Letters of administration give the administrator authority to act. The role involves responsibilities towards the estate and those entitled to benefit; it does not allow the administrator to choose who inherits.
When there is a will but no acting executor
A different form of grant, called letters of administration with the will annexed, may be needed if there is no executor able or willing to act. We review the will and circumstances before advising on the route.
A clear way forward
What happens next
Check the starting point
Bring the death certificate, any will or codicil found, and information about searches already made. Tell us about the person's family and any executors named.
Establish entitlement and value
We consider who is entitled to apply and the documents needed to support that position. Details of assets, debts and relevant gifts help establish the estate's value and tax position.
Agree the application work
We explain the proposed application, the responsibilities you would take on and the help you may need afterwards. Wider estate administration can be discussed separately.
Planning ahead
Fees and timescales
01 / Fees
Costs depend on the circumstances
We explain the proposed scope, professional fees, VAT and expected third-party charges. Establishing family relationships or resolving an executor's position may require additional work, which we discuss before proceeding.
02 / Timescales
What affects the timescale?
Missing documents, uncertainty about the family or the right to apply, tax work and Probate Registry enquiries can affect progress. We discuss the likely stages once we have reviewed the information.
Read our published Price Guide, then contact us to confirm the work you need and the costs involved.
View Price GuideUseful to know
Your questions, answered
Can an unmarried partner automatically apply?
Living together does not, by itself, give an unmarried partner the right to apply on an intestacy. The position needs to be checked against the legal rules and the family circumstances.
Do letters of administration decide who inherits?
The grant concerns authority to administer. Where there is no valid will, the intestacy rules determine entitlement; the administrator must follow them.
What if the family disagrees about the application?
Tell us before taking further steps. The disagreement may affect the advice needed and whether a routine application is appropriate.
Can letters of administration be needed even if there is a will?
Yes. If the will appoints no executor, or none of the executors can or will act, a grant with the will annexed may be appropriate. The will still matters: this is not the same as treating the estate as though no will existed.
Do we still need to value the estate if no Inheritance Tax is expected?
Yes. An estimated estate value is needed for the application even if no Inheritance Tax is payable. Gather information about the assets and debts rather than relying only on a bank balance or a rough property estimate.
What if I am entitled to apply but do not want to act?
There may be options to appoint someone to act on your behalf or to give up your right to administer. They have different consequences and the correct route depends on the circumstances. Take advice before signing documents or assuming another relative can simply take over.
General information for England and Wales. Contact us for advice about your circumstances.
SJS Solicitors · Balham