Where there is no Executor, a person must be appointed to act as an Administrator and apply for a ‘Grant of Letters of Administration with the Will annexed’, rather than a ‘Grant of Probate’. In these circumstances the person(s) is known as an applicant.
If there is at least one beneficiary of the will who is under 18 then at least 2 applicants must apply. There are strict rules about who can be an administrator.
If there is a valid Will, you can apply for letters of administration if:
- the person who died left all of their estate to you in the will, and
- the executors are not named or cannot or are unwilling to act.
If there is no valid Will, and you are the next-of-kin, you can apply to be an administrator in the following order of priority:
- You are the married partner or civil partner of the person who has died.
- You are the child of the person who has died.
- You are the grandchild of the person who has died.
- You are the parent of the person who has died.
- You are the brother or sister of the person who has died.
- You are the nephew or niece of the person who has died.
- You are another relative of the person who has died.
An unmarried partner, or same-sex partner who has not registered a civil partnership and who has not been named in a Will as an Executor will not usually be able to act as an administrator.