Last Updated on May 6, 2026 by tanya

Who Has Priority to Apply for Letters of Administration?

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

What an Unmarried Partner Can Do if Left Without Support

When someone dies without a valid will, who has priority to apply for Letters of Administration? This is often a key question if someone has died intestate and there is a strict hierarchy when it comes to applying for Letters of Administration. What does come as a surprise is that their estate does not automatically pass to the people they lived with, cared for, or intended to benefit. Rather, the law decides who inherits and, crucially, who has the right to deal with the estate.

So, if you are a relative, a cohabiting partner, or someone who depended financially on the person who died, knowing who has priority to apply and what you can do if you are excluded, matters immediately so see our advice below on steps to take next. Delays can leave bills unpaid, assets frozen, and surviving partners in financial distress.

 

What Are Letters of Administration?

Letters of Administration are a legal document issued by the Probate Registry. They give someone authority to deal with the estate of a person who died without a will.

The person who applies is called the administrator. They have legal power to:

 

• collect money held in the deceased’s accounts
• sell or transfer property
• pay debts and tax
• distribute the estate to the correct beneficiaries under intestacy rules

 

Without Letters of Administration, most organisations (banks, mortgage providers, insurers) will not release funds.

 

Who Has Priority to Apply for Letters of Administration?

When there is no will, priority does not depend on who was closest emotionally. It depends on who is entitled to inherit under the intestacy rules.

In England and Wales, the usual order of priority is:

 

1. A spouse or civil partner

A surviving spouse or civil partner has the first right to apply.

This is true even if:

 

• they were separated (but not divorced)
• they were not living together
• the relationship had broken down informally

If you are married, you are at the top of the list.

 

2. Children of the deceased

If there is no surviving spouse/civil partner, the deceased’s children come next.

This includes:

 

• adult children
• minor children (though someone else may apply on their behalf)
• legally adopted children

It does not automatically include stepchildren unless they were legally adopted.

 

3. Grandchildren (if a child has already died)

If one of the deceased’s children died before them, that child’s share may pass to their children (the deceased’s grandchildren). In that case, the grandchildren may have priority.

 

4. Parents

If the deceased had no spouse and no children, the parents may apply.

 

5. Siblings (brothers and sisters)

If there are no parents, the estate usually passes to siblings.

This includes full siblings and half siblings, but priority can differ depending on who survives.

 

6. Wider family (in a strict legal order)

If none of the above exist, the line continues through:

• nieces and nephews
• grandparents
• aunts and uncles
• cousins

 

Where Does an Unmarried Partner Sit in the Priority List?

This is the part that can shock many people – an unmarried partner has no automatic right to apply for Letters of Administration.

Even if you:

 

• lived together for 20 years
• raised children together
• shared bills and a home
• were financially dependent
• were “engaged” or considered yourselves spouses

…the intestacy rules do not treat you as a spouse.

 

So, if the deceased dies intestate, the legal priority to apply usually goes to:

 

• their spouse/civil partner (if they had one), or
• their children, or
• their parents, or
• their siblings

That means an unmarried partner can be completely excluded from both inheriting, and administering the estate.

 

Why Priority Matters (and Why It Can Create Financial Risk)

The administrator controls the estate, which means they can decide:

 

• when assets are sold
• whether a property is put on the market
• when money is released
• when distributions are made

If an unmarried partner is not the administrator, they may be left in a vulnerable position. This is especially if they lived in the deceased’s home or relied on their income.

This is why unmarried partners should act quickly.

 

What Can an Unmarried Partner Do if Left Without Financial Support?

Even though intestacy rules exclude unmarried partners, the law does provide a route for financial protection.

An unmarried partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

This is not about “contesting a will” because there is no will. It is about seeking reasonable financial provision from the estate.

 

Who Can Claim Under the Inheritance Act as an Unmarried Partner?

You may be eligible if you were:

1. A cohabiting partner

You could claim if you lived with the deceased:

 

• for at least two years, and
• as if you were spouses or civil partners

This is a common route for long-term partners.

 

2. A financial dependant

Even if you did not meet the two-year cohabitation rule, you may still claim if the deceased was supporting you financially. For example:

 

• paying your rent
• covering your bills
• maintaining your lifestyle
• supporting you due to illness or disability

 

What Can the Court Award to an Unmarried Partner?

The court can order financial provision from the estate, which may include:

 

• a lump sum payment
• regular maintenance payments
• a transfer of property
• a right to remain living in the home
• payment of rent or housing costs
• a settlement to meet day-to-day living needs

The goal is not automatically to give the partner “half the estate.” The focus is on reasonable financial provision based on need and fairness.

 

What Does the Court Consider?

The court looks at a range of factors, including:

 

• your financial needs and resources
• the size of the estate
• your living arrangements and housing needs
• the length of the relationship
• contributions you made (financial or otherwise)
• any disabilities
• the needs of other beneficiaries (such as children)

This is why early legal advice is important and the best outcome depends heavily on the evidence you can provide.

 

What Should an Unmarried Partner Do Immediately After the Death?

If you are left without financial support, time and documentation are everything.

Practical steps may include:

 

1. Find out who is applying for Letters of Administration

If the deceased’s family are applying, you need to know who the administrator will be. That person will control access to estate funds and property.

 

2. Secure key evidence

You should gather proof of:

• living together (tenancy, council tax, utility bills)
• joint finances (bank statements, shared accounts)
• financial dependence (transfers, paid bills)
• the nature of the relationship (correspondence, commitments, shared life)

 

3. Prevent the estate being distributed too early

If you intend to make a claim, it is important to notify the administrator. Once an estate is distributed, recovering funds can become far harder.

 

4. Get advice on deadlines

Inheritance Act claims have a strict time limit. A claim under the Inheritance Act usually must be issued within six months of the grant of Letters of Administration.

That does not mean you should wait until the grant is issued. In practice, you should take advice from an experienced contentious probate solicitor as soon as possible, because:

 

• administrators can move quickly
• assets can be sold
• money can be distributed
• property arrangements can change

 

Need Advice Today?

When someone dies intestate, the right to apply for Letters of Administration follows a strict legal priority based on who inherits under intestacy rules. Even after years of a shared life together, an unmarried partner has no automatic priority and may be left without inheritance and without control of the estate.

However, an unmarried partner may still be able to seek financial support through an Inheritance Act claim, especially if they lived with the deceased for at least two years or relied on them financially.

If you are in this position, act quickly and get started with our free, initial consultation – call us at 0333 358 2345 or contact us online.