Grant of probate vs letters of administration

A grant of probate is issued when the deceased left a valid will – the executor named in the will is granted authority to administer the estate. Letters of administration are issued when there's no valid will – the court appoints an administrator according to statutory priority rules.

When probate applies

The deceased left a valid will that names an executor who is able and willing to act. The executor applies to the Supreme Court with the will, death certificate, and inventory. Probate is generally faster and more predictable than administration.

When letters of administration apply

No valid will (intestacy), or a valid will but no executor able to act (e.g. named executor died or renounces). An administrator is appointed according to a statutory priority list – spouse first, then children, then parents, siblings, etc.

Administrators must post a bond in some cases, whereas executors generally don't.

Administration with will annexed

A hybrid category – there's a valid will, but no executor who can act. The court grants letters of administration with the will annexed. The estate is distributed according to the will, but an administrator (not an executor) manages the process.

Practical differences

Administration takes longer, costs more, and is more uncertain than probate. The statutory priority for administrators sometimes gives control to someone the deceased wouldn't have chosen. This is one of the main reasons having a valid, current will matters.

Summary

Probate covers estates with a will. Letters of administration cover estates without one. Here's the difference that matters.

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Related reading

• What is probate and when do you need it
• Intestate succession: what happens without a will
• Wills service