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
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
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
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.