A grant of administration is a formal court order, issued by a probate court or equivalent authority, that authorizes a specific person, called an administrator, to manage, collect, and ultimately distribute the assets of a deceased person's estate when the deceased did not leave a valid will, or where a will exists but does not name an executor able or willing to act. It serves the same basic legal function as a grant of probate, giving the holder legal authority over the deceased's affairs, but applies specifically to intestate situations, where no valid will exists, rather than to estates administered under a will's own terms.
Without a grant of administration, banks, land registries, and other institutions holding the deceased's assets generally cannot release funds or transfer property to anyone, since they have no way of confirming who is legally entitled to act on the estate's behalf. The grant itself is the document that gives the administrator that legal standing.
Grant of administration in plain terms
When someone dies without a will, their assets do not automatically transfer to anyone; the law requires a court to formally appoint someone to step into the deceased's shoes and handle their financial affairs, pay off debts, and distribute what remains according to the legal rules of intestate succession that apply in that jurisdiction. The grant of administration is the court's written confirmation that a specific person has that authority, which banks and other institutions will then recognize before releasing any of the deceased's funds or property.
Who typically becomes the administrator
- A surviving spouse or civil partner is usually given priority to apply for the grant in most jurisdictions.
- Adult children or other close relatives are typically next in line if there is no surviving spouse, or if the spouse does not wish to act.
- Where no family member is available or willing, a court may appoint a professional administrator, such as a solicitor or the public trustee, depending on local rules.
What an administrator is responsible for
Once appointed, an administrator must identify and value the deceased's assets, notify and pay legitimate creditors, file any necessary tax returns on the estate's behalf, and distribute the remaining assets to the heirs entitled to them under the applicable intestacy rules, a role carrying significant legal responsibility and, in most jurisdictions, personal liability for mishandling estate funds. The administrator's duties are broadly similar to those of an executor acting under a will, though an administrator must follow the statutory distribution rules of intestacy rather than the deceased's own written wishes, since none exist.
Applying for a grant of administration
The application process generally requires proving the death, demonstrating that no valid will exists, establishing the applicant's priority right to administer the estate, and providing an inventory or estimate of the estate's assets and debts, after which the court, if satisfied, issues the grant. Banks and other institutions holding the deceased's accounts typically require a certified copy of the grant before releasing funds, which is why obtaining it promptly is usually one of the first practical steps taken after a death where no will exists.
Grant of administration and bank accounts
Banks generally freeze a deceased customer's accounts as soon as they are formally notified of the death, and will not release funds, close accounts, or allow withdrawals until presented with a certified grant of administration, or, in some cases, an alternative simplified process available for small estates below a threshold set by local law. This is one of the most common practical points of friction for grieving families, since the administration process can take weeks or months to complete even in straightforward cases, during which ordinary household bills and expenses may still need to be paid from other sources.
Disputes over who should administer an estate
More than one person can sometimes have an equal or overlapping right to apply for a grant of administration, such as several adult children of the deceased, and disagreements over who should act, or how the estate should ultimately be divided, can lead to contested probate proceedings that significantly delay the process and add legal costs that are usually paid out of the estate itself before any distribution to heirs. Courts generally try to resolve these disputes by applying the fixed statutory order of priority for administrators first, only stepping in with a more detailed hearing when that order does not clearly resolve who should be appointed.