What to do when someone dies without leaving a will (intestacy)
When someone dies without making a valid will, they are said to have died intestate. In this situation, there is no named executor to manage the estate. Instead, a close relative must apply to the Probate Office for a Grant of Letters of Administration.
This grant gives the applicant (called the administrator) the legal authority to access the deceased's bank accounts, sell property, pay debts, and distribute the estate according to the rules of intestacy set out in the Administration of Estates Act (Northern Ireland) 1955.
The process is very similar to applying for a Grant of Probate — you use the same NIPF7 form, pay the same court fees, and submit through the same Probate Office. The key difference is who can apply and how the estate is distributed.
Not just anyone can apply for Letters of Administration. Northern Ireland law sets out a strict priority order. The person highest on this list has the right to apply:
Important
If you are lower on the priority list, you can only apply if everyone above you has either died, renounced their right, or given written consent for you to apply instead. Unmarried partners have no automatic right to apply — regardless of how long you lived together.
Without a will, the law decides who inherits. The rules depend on the deceased's family situation. These amounts apply to deaths in Northern Ireland on or after 1 January 2008.
The surviving spouse or civil partner inherits everything.
The surviving spouse or civil partner receives:
The children share the remainder equally.
The surviving spouse or civil partner receives:
The other half goes to the deceased's parents (equally if both alive), or if no parents survive, to brothers and sisters.
The estate passes in this order:
Key points: The surviving spouse must survive the deceased by at least 28 days to inherit. Adopted children are treated the same as biological children. Step-children have no automatic right to inherit. Unmarried partners (cohabitants) have no automatic entitlement — they may need to make a claim under the Inheritance (Provision for Family and Dependants) (NI) Order 1979.
Search the deceased's home, solicitor's office, and bank safe deposit box thoroughly. Check if a will was deposited with the Probate Office (£49 search fee). If no will is found, you can proceed with Letters of Administration.
Confirm you are the highest-priority person entitled to apply. If someone above you on the priority list exists but doesn't want to apply, get their written renunciation.
Obtain date-of-death values for all assets (property, bank accounts, investments, pensions, personal belongings) and all liabilities (mortgages, loans, debts, funeral costs).
Fill out the same NIPF7 probate application form used for Grant of Probate. Select 'Letters of Administration' as the grant type. This is where Probate Direct can help you complete everything accurately.
Apply online via the NI Courts Probate Portal or by post to the Probate Office in Belfast. Include the original death certificate, your completed NIPF7, and the court fee of £407 (£326 grant fee + £81 personal application fee for estates over £10,000).
The Probate Office reviews your application and issues the Grant of Letters of Administration, typically within 4–8 weeks. This gives you legal authority to administer the estate.
Use the Grant to access accounts, sell property if needed, pay debts and taxes, and distribute assets to the beneficiaries according to the intestacy rules above.
The court fees are identical to those for a Grant of Probate. From 1 April 2026:
Grant fee
Personal application fee
Total
No fee is payable if the estate is valued at £10,000 or less. Both fees are reimbursable from the estate once you have access to the deceased's accounts.
Original death certificate
Certified copy from the Registrar
Completed NIPF7 form
Selecting 'Letters of Administration' as the grant type
Full estate valuation
Date-of-death values for all assets and liabilities
Court fee payment
£407 for estates over £10,000 (payable online or by cheque)
Renunciation forms
If anyone higher on the priority list is not applying
Proof of relationship
Marriage/birth certificates showing your connection to the deceased
| Grant of Probate | Letters of Administration | |
|---|---|---|
| When used | Deceased left a valid will | Deceased died without a will |
| Who applies | Executor named in the will | Next of kin (priority order) |
| Distribution | According to the will | According to intestacy rules |
| Form | NIPF7 | NIPF7 (same form) |
| Court fees | £407 | £407 (same fees) |
| Timescale | 4–8 weeks | 4–8 weeks (same) |
Probate Direct handles both Grant of Probate and Letters of Administration applications. We'll prepare your NIPF7 form, value the estate correctly, and guide you through submission — all for a fixed fee of £395.