The main difference between a Grant of Probate and Letters of Administration is whether the person who died left a valid Will appointing executors.
In England and Wales, a Grant of Probate is generally issued when there is a valid Will and the named executor is applying to administer the estate. Letters of Administration are generally issued when someone dies without a valid Will, known as dying intestate.
Both documents are types of Grant of Representation and give the person administering the estate legal authority to deal with certain assets.
What Is a Grant of Probate?
A Grant of Probate is a legal document issued by the Probate Registry to an executor named in a valid Will.
Once probate has been granted, the executor can use it as evidence of their authority to deal with the deceased’s estate. Depending on the assets involved, this can include:
- Closing or accessing bank accounts
- Selling or transferring property
- Collecting investments and other assets
- Paying outstanding debts and liabilities
- Distributing the estate according to the Will
Not every estate requires a Grant of Probate. Whether one is needed will depend on the type and value of the assets and the requirements of the organisations holding them.
What Are Letters of Administration?
Letters of Administration provide similar legal authority but are most commonly required when someone dies without leaving a valid Will.
As there is no executor appointed by a Will, an eligible person must apply to become the estate’s administrator. This will usually be a close relative, with eligibility determined by the intestacy rules.
Once Letters of Administration have been issued, the administrator can collect the deceased’s assets, settle liabilities and distribute the remaining estate.
Where there is no valid Will, the estate is distributed according to the rules of intestacy, rather than according to the administrator’s personal wishes.
What If There Is a Will but the Executor Cannot Act?
There are circumstances where a valid Will exists, but a Grant of Probate cannot be issued to the named executor. For example, there may be no executor able or willing to act.
In these situations, an appropriate person may need to apply for Letters of Administration with the Will Annexed. The Will still determines how the estate should be distributed, but an administrator rather than the named executor handles the estate.
Do I Need a Probate Lawyer?
Probate and estate administration can become complicated where there are substantial assets, property, inheritance tax issues, questions over the validity of a Will or disagreements between beneficiaries.
An experienced probate lawyer can help establish which type of Grant of Representation is required, assist with the application and guide executors or administrators through their legal responsibilities.
Speak to Fitz Solicitors
If you need help obtaining probate or administering an estate, Fitz Solicitors can provide clear, practical advice throughout the process. Contact our probate lawyers to discuss your circumstances and the next steps.