Grant of Probate vs Letters of Administration: Administering a Deceased's Estate

A Grant of Probate is issued where there is a valid will; Letters of Administration are issued where there is no will (intestacy) or no valid executor. Both authorise the personal representative to deal with the estate.

Overview

When a person dies, their personal representatives need legal authority to deal with the estate — collecting assets, paying debts, and distributing the remainder to beneficiaries. The Probate Registry (part of HMCTS) issues one of two types of grant of representation: a Grant of Probate (where there is a valid will and an executor willing and able to act) or Letters of Administration (where there is no will, the will has no executor, or the executor has renounced). Both types of grant give the personal representative equivalent legal authority to deal with the estate. The differences lie in who can apply, the order of priority, and the level of complexity typically involved.

Side-by-Side Comparison

Grant of Probate

Cost: £273 probate application fee (estates over £5,000); HMRC IHT400 if estate is taxable; solicitor costs if professional help used

Time: 4–16 weeks from application depending on complexity and HMRC requirements

Pros

Executor is named in the will — no dispute about who administers the estate in most cases
The will sets out how the estate is to be distributed — no need to apply statutory intestacy rules
Testator can appoint professional executors (solicitors, banks) for complex estates
Relatively straightforward application process where the will is valid and the executor is willing

Cons

Will may be contested — if validity is challenged, the Probate Registry will issue a caveat and the matter must go to the Chancery Division
Executor has personal liability for distributing the estate incorrectly
Probate fees apply: £273 for estates over £5,000 (plus £1.50 per sealed copy of the grant)
Can be delayed by HMRC Inheritance Tax requirements — clearance from HMRC may be needed before the grant is issued

Best For

Estates where the deceased left a valid will and the named executor(s) are willing and able to act.

Letters of Administration

Cost: Same probate fees (£273 for estates over £5,000); additional complexity may require professional administrator

Time: Typically 4–16 weeks, but longer if intestacy disputes arise

Pros

Available even without a will — family members can apply in order of priority under the Non-Contentious Probate Rules 1987
Legal authority equivalent to a grant of probate
Court can resolve disputes about who should be administrator

Cons

Distribution is governed by the statutory intestacy rules (Administration of Estates Act 1925 s.46) — the deceased had no choice over beneficiaries
Wider class of potential applicants can cause disputes — multiple family members may apply
Often more complex and time-consuming than probate, particularly for large or complex estates
Administrator must provide a 'Letters of Administration bond' (guarantee) in some circumstances

Best For

Estates where the deceased left no valid will, or where the will fails to name a functioning executor.

Key Differences

AspectGrant of ProbateLetters of Administration

Requires a valid willYes — executor named in the willNo — applies where there is no will or no functioning executor

Who distributes the estateExecutor distributes according to the willAdministrator distributes according to intestacy rules (AEA 1925 s.46)

Who can applyExecutor(s) named in the willPriority order: spouse/civil partner, then children, then parents, then siblings etc. (Non-Contentious Probate Rules 1987 r.22)

Distribution rulesTerms of the will — testator's wishesStatutory intestacy rules — no recognition of unmarried partners, step-children not automatically included

DisputesWill validity can be contested in the Chancery DivisionIntestacy disputes (who takes what) resolved under AEA 1925; unmarried partners must apply under Inheritance (Provision for Family and Dependants) Act 1975

Professional helpOften straightforward for simple estates; complex estates benefit from a solicitorMore often requires solicitor assistance due to intestacy complexity and potential disputes

Our Recommendation

Making a valid will avoids the complexity and potential injustice of intestacy — unmarried partners receive nothing under intestacy rules, and the estate may not be distributed as the deceased would have wished. If you are administering an estate, apply for the correct grant as soon as possible — financial institutions will not release assets without it. If the estate is complex, involves foreign assets, business interests, or potential claims under the Inheritance Act, take specialist probate advice.

Related Guides

Official Resources

GOV.UK: Applying for probate →Administration of Estates Act 1925 — legislation.gov.uk →GOV.UK: When someone dies without a will (intestacy) →