Who is the Administrator/Executor if there is no Will?

If you are administering an estate where there was no Will, you may be wondering who the Administrator/Executor is. If someone dies without a Will, their next of kin is entitled to administer their estate. The next of kin need to apply to the Court to become the Administrator of the estate, which will legally permit them to administer the estate of their relative who has died. If there is a Will, this role is known as an Executor, and they are named in a Will. 

Who is entitled to become an Administrator? 

The closest living relative, as dictated by the intestacy rules of the country they lived in, is entitled to become the Administrator. Firstly, this would be the husband, wife, or civil partner, followed by children aged 18 or over.  

If the deceased lived with their partner or were in a long-term, serious relationship, their partner would not be able to administer the estate unless they were legally married or in a civil partnership. 

Children include legally adopted children, but not stepchildren. Children under 18 can’t act as Administrators, and the responsibility falls to the next closest living relative.  

If the person who passed away was not married or in a civil partnership and did not have children, learn more about the UK’s rules of intestacy to find out who would next be in line to act as Administrator.  

How do I become the Administrator if there is no Will? 

An Administrator applies for a Grant of Letters of Administration to give them the legal authority to deal with the estate. This application can typically be done online on the GOV.UK website. Find out more about the process of applying for probate. This is a legal document that, once it has been received, gives the individual(s) named as Administrator the legal right to proceed with estate administration. 

If there are multiple people entitled to apply to be an Administrator, up to four can be named on the Grant. For example, you may have multiple children who all wish to administer the estate of their parent who has passed away. 

What happens if the next of kin does not want to act as Administrator? 

If the most entitled person to act as Administrator does not want to take on the role, they can appoint someone else to do it or give up their right to administer the estate.  

Appointing someone else to administer the estate 

You can instruct a professional probate provider to administer the estate on your behalf. Alternatively, you can give up to four people Power of Attorney, which allows them to apply for probate and administer the estate on your behalf. To do this, you will need to fill in form PA12. If you later decide that you would like to apply for probate yourself, you can take back Power of Attorney. 

There are also a couple of other Attorney options where you can appoint someone else to administer the estate. You could use a registered Lasting Power of Attorney (LPA) or Signed Enduring Power of Attorney (EPA).  

Giving up your right to be Administrator  

If your spouse or civil partner has passed away and you would like a child or children to administer the estate, you will need to complete form PA16.  

If all the children are aged 18 or over, then one or more of them must apply to become the Administrator. If they do not wish to act as Administrator, then a professional can be instructed to take care of the estate on their behalf.  

If you are a more distant relative who wants to give up your right to be the Administrator, then you will need to instruct a professional or appoint someone else to administer the estate on your behalf.  

When someone passes away without a Will, they are known to have died intestate, and their estate needs to be distributed following the rules of intestacy. Learn what intestacy is and who inherits if there is no Will. 

If you are the next of kin and looking to apply, read more about the process of applying for probate.