If someone dies without leaving a will, they have died ‘intestate’. This means that letters of administration need to be applied for in place of the grant of probate (which can only be applied for if there is a will). If the letters of administration are not applied for, the estate cannot be dealt with.
There are only certain people who can apply for the letters of administration. These include the spouse or civil partner of the deceased, any children of the deceased, grandchildren (if the children of the deceased are already dead), parents, siblings, nieces and nephews, grandparents, uncles and aunts, or cousins. The order is important, and shouldn’t be skipped. However, if there are no surviving family members, then the state must apply for letters of administration.
If it falls to you to apply for letters of administration, you can employ a solicitor to help you with the process. It can be time consuming, and there is a lot to do, particularly if you also have a full time job. However, if you do choose to apply yourself, then there is no reason why you shouldn’t. It is always best to use a solicitor if the estate is complicated, or is of a high value.
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The first thing that must be done when applying for letters of administration is that a probate application form must be filled in. This can be downloaded online, or can be obtained from the local Probate Registry. And, if necessary, an Inheritance Tax form also needs to be completed. If there is no Inheritance Tax due, fill in an IHT205 form instead.
There will usually be a fee required when applying for letters of administration. If the estate is worth less than £5000 (after funeral expenses) then there is no fee payable. Otherwise there is a fee of £90 due.
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When the forms have been sent off, you will be asked to attend at interview at the Probate Registry. This usually occurs within 10 days of the registry receiving the forms. The interview is to confirm that all the details within the application are correct. After the interview, the letters of administration will be sent to you in the post.
