Probate and Letters of Administration both give someone the legal authority to deal with a person’s estate after they die. The main difference usually lies in whether the deceased left a valid will. The GOV.UK probate guidance explains the different types of grant available depending on whether the person left a Will.
When there is a will, and the person named as executor is dealing with the estate, they will generally apply for a Grant of Probate. If there is no valid will, an eligible person will instead apply for Letters of Administration. GOV.UK provides further information about who can apply for Letters of Administration when there is no Will and how the estate is dealt with.
Who Deals With the Estate?
Executor – usually appointed in a will and applies for a Grant of Probate.
Administrator – usually appointed when there is no will and applies for Letters of Administration.
Personal representative – a broader term that can refer to either an executor or administrator.
You can find out more about the responsibilities involved in our guide on what the duties of an executor are.
Once the relevant grant has been issued, the personal representative can use it to prove their authority when dealing with organisations such as banks and investment providers. They may also need it to sell or transfer property belonging to the estate. You can also read our article How Long Does Probate Take? for more information about the timescales involved in obtaining a grant.
Not every estate requires a grant. Whether one is needed will depend on the assets involved and how they were owned.
What If There Is a Will but No Executor?
This is where the distinction becomes slightly less straightforward. A valid will may exist, but perhaps no executor was appointed, the named executor has died or nobody named is willing and able to act. In these circumstances, an eligible person may need to apply for Letters of Administration with the Will Annexed rather than a Grant of Probate.
The other major difference concerns who receives the estate. With a valid will, the estate is distributed according to its terms. Without one, the Rules of Intestacy determine who is entitled to inherit.
Read more information on how long probate takes, organ donation in a will and common executor mistakes. Explore our latest guides for practical advice on applying for probate, understanding personal representatives, dealing with intestacy and administering an estate.
For professional probate advice, contact Probate a Will on 020 3985 9554.
