HM Courts & Tribunals Service (HMCTS) — Probate Registry, High Court Family Division Edition PA16 Renunciation (Intestate – without a will) (04.21) 3 pages

Form PA16 — Give up probate administrator rights (Renunciation, intestate)

The HMCTS Probate form a husband, wife or civil partner signs to give up their right to deal with the estate of someone who died without a will and left children.

PA16 renunciation (no will) · Give up probate administrator rights: Renunciation (Intestate, without a will)
The official HM Courts & Tribunals Service (HMCTS) — Probate Registry, High Court Family Division form, edition PA16 Renunciation (Intestate – without a will) (04.21) — blank
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PA16 renunciation (no will) (2021) Give up probate administrator rights: Renunciation (Intestate, without a will) — page 1 of 3
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PA16 renunciation (no will) (2021) Give up probate administrator rights: Renunciation (Intestate, without a will) — page 2 of 3
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PA16 renunciation (no will) (2021) Give up probate administrator rights: Renunciation (Intestate, without a will) — page 3 of 3
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What is PA16 renunciation (no will)?

When someone dies without a will in England and Wales, their spouse or civil partner usually has the first right to apply for letters of administration. Form PA16 lets them give up that right, so that someone else, often one of the children, can apply instead. Renouncing means giving up the right to act as administrator.

The form can only be used by the spouse or civil partner of the person who died, and only where the person who died left issue: children, or descendants of a child who died before them. It asks for the name, address and date of death of the person who died, and the name and address of the spouse or civil partner, who then signs it as a deed in front of an independent witness.

FileIt asks each question in plain English, checks the dates, fills the witness's letter boxes and the postcode cells, and prints everything into HMCTS's own PA16 PDF (04.21 edition). You sign it by hand with your witness. FileIt never sends it anywhere.

Who fills it
The spouse or civil partner of someone who died without a will
Only when
The person who died left children or other descendants
Where
England and Wales (Probate Registry)
Signing
As a deed, by hand, in front of an independent witness
Edition
PA16 Renunciation (Intestate – without a will) (04.21)
Help
Probate helpline 0300 303 0648

Who needs to fill out PA16 renunciation (no will)?

  • A widow, widower or surviving civil partner who doesn't want to apply for letters of administration.
  • A surviving spouse who would rather one of the children dealt with the estate.
  • A surviving partner who is unwell, elderly or living abroad and prefers not to take on the role.
  • Not for estates with a will: an executor giving up their rights uses PA15.

When to use PA16 renunciation (no will)

  • After the death, when the family has agreed that someone other than the spouse or civil partner will apply.
  • Before the other person sends the application for letters of administration.
  • Only if the person who died left issue. The form can't be used otherwise.

What you need before you start

  • The full name (first, middle and last names) and last address of the person who died.
  • Their date of death, from the death certificate.
  • Your own full name and address.
  • An independent witness: someone who is not related to you and has no interest in the estate.

What’s on PA16 renunciation (no will)

The 2021 edition has 3 pages. FileIt asks for it in 4 parts:

  1. About the person who has died (1-3)Spouse or civil partner giving up their rights
  2. About the lawful spouse or civil partner renouncing (4-5)Spouse or civil partner giving up their rights
  3. The renunciationSpouse or civil partner giving up their rights
  4. Independent witnessIndependent witness

How to fill out PA16 renunciation (no will), step by step

1 About the person who has died (1 to 3)

Give their first, middle and last names, their address, including the postcode, and the day, month and year they died.

2 About you (4 and 5)

Give your first, middle and last names and your address as the lawful spouse or civil partner renouncing.

3 The renunciation

The form states: 'I the lawful spouse/civil partner of the deceased do hereby renounce all my right and title to letters of administration of the estate of the said deceased.' You sign it as a deed.

4 Your witness and the date

Your independent witness signs, prints their name in the two rows of boxes, and the form is dated.

Common mistakes to avoid

  • Using PA16 when there is a will. Look at PA15 instead.
  • Using it when the person who died left no children or descendants. The form says it can only be used where they left issue.
  • Asking a relative, or anyone who benefits from the estate, to witness your signature.
  • Spelling the name of the person who died differently from the death certificate.
  • Dating the form before the date of death.

After you fill it out

Print the filled PDF, check the names and dates, and sign it as a deed in front of your independent witness.

Give the signed form to the person who is applying for letters of administration. FileIt doesn't send it.

Keep a copy in your FileIt vault with the death certificate and other estate papers.

Fill out PA16 renunciation (no will) online with FileIt

  1. Pick the person. Choose someone from People and FileIt fills in their name, date of birth, address and other details it already knows.
  2. Answer plain-language questions. One part of the form at a time, with the official help text beside each question — 25 fields in all. Your answers save as you go.
  3. Check the live preview. Watch your answers land on the real HM Courts & Tribunals Service (HMCTS) — Probate Registry, High Court Family Division form, and let FileIt do any worksheet arithmetic.
  4. Generate the official PDF. FileIt prints your answers into the agency’s own PDF and files it in that person’s folder in your vault.

FileIt fills the form — it never files or submits anything for you. Deliver the finished form to whoever asked for it, the way the form’s instructions say.

Start PA16 renunciation (no will) now — it’s free

PA16 renunciation (no will): frequently asked questions

What does renouncing mean?

The form explains it as giving up the right to act as administrator of the estate.

What does 'intestate' mean?

That the person who died did not leave a will.

What counts as issue?

The form defines issue as children of the deceased or descendants of a child who died before the deceased.

What are letters of administration?

The form describes them as a legal document issued when there is no will, giving someone authority to deal with the estate.

Who can be my witness?

Someone who is not related to you and has no interest in the estate.

Does FileIt submit the form?

No. FileIt fills in the official PA16 PDF. You sign it with your witness and pass it to the person applying.

Official sources

FileIt is not affiliated with or endorsed by HM Courts & Tribunals Service (HMCTS) — Probate Registry, High Court Family Division or any government. This page explains the form in general terms and is not legal, tax or immigration advice. Always read the official instructions, and check that you are using the edition the recipient accepts. Page last reviewed 2026-10-19.