Grant of probate vs letters of administration: which one do you need?
When a loved one dies, the document you apply for to deal with their estate depends entirely on one thing: whether they left a valid will. Get that distinction wrong and the application can stall before it starts. Because the two routes carry different rules about who is allowed to act, families often look for guidance through the probate process at this stage, just to confirm which path applies to them and who is entitled to apply.
Both documents do the same underlying job. They give one or more people the legal authority to collect in the deceased person’s assets, settle debts and tax, and pass what remains to those entitled to it. The difference is in the name, the eligibility, and what happens when there is no will to follow. GOV.UK’s overview of applying for probate sets out both, but the practical consequences are worth spelling out.
The same job, two different documents
A grant of probate is issued when there is a valid will that names an executor. The executor is the person the deceased chose to carry out their wishes, and the grant confirms their authority to do so.
Letters of administration are issued when there is no valid will, or when there is a will but no executor able or willing to act. The person who applies is called an administrator rather than an executor, and they are not chosen by the deceased; they qualify under a fixed legal order of priority. Same powers once granted, different starting point.
Grant of probate: when there is a will
If the will is valid and names an executor who is alive and willing to act, that executor applies for the grant of probate. They follow the instructions in the will when distributing the estate, within the limits of the law.
A will can name more than one executor, and up to four can apply together. An executor can also choose not to act, either stepping aside entirely or reserving the right to step in later. This flexibility is one of the underrated advantages of having a will: the person dealing with the estate is someone the deceased actually trusted, not whoever happens to qualify by default.
Letters of administration: when there is not
Where there is no will, nobody has been appointed, so the law decides who may apply. The right falls to the closest relatives in a set order, starting with a surviving spouse or civil partner, then children, then parents, and so on down the line. The person who takes on the role becomes the administrator.
The same applies if a will exists but cannot be acted on, for example because the named executors have died or all decline to act. In that case an administrator steps in, usually a main beneficiary, and applies for letters of administration with the will annexed.
What the intestacy rules decide
When there is no will, the estate is shared out under the intestacy rules rather than according to anyone’s stated wishes. These rules are rigid, and they often surprise families. GOV.UK’s guidance on what happens when someone dies without a will sets out the order in full.
The headline figure is the statutory legacy. Where someone leaves a spouse or civil partner and children, the surviving partner receives the deceased’s personal possessions, a fixed sum of £322,000, and half of whatever is left. The children share the other half. If the estate is worth less than £322,000, the spouse takes everything and the children receive nothing under these rules.
Unmarried partners are the big omission. No matter how long a couple lived together, a surviving partner who was not married or in a civil partnership inherits nothing under intestacy. That single fact is why so many cohabiting couples are caught out, and why the difference between the two grants is more than a technicality.
Why the difference matters in practice
Choosing the right application is not just about paperwork. It determines who has the authority to act, how the estate is divided, and how long the process takes. Applying as an executor when no valid will exists, or assuming you can administer an estate you have no priority to deal with, leads to rejected applications and lost time.
For both routes the mechanics are similar once you qualify. The standard application fee is £300 for estates worth more than £5,000, and extra official copies of the grant now cost £16 each, which is worth knowing in advance since you will usually need several to send to different institutions. Online applications are currently issued in around twelve weeks once HMCTS has a complete submission.
The practical first step is to establish, beyond doubt, whether a valid will exists and who it names. From there the route is set: grant of probate with a will, letters of administration without one. If the will is unclear, damaged, or the named executors cannot act, that is the point to get advice before applying, because fixing a wrong application costs far more time than getting it right the first time.
When a loved one dies, the document you apply for to deal with their estate depends entirely on one thing: whether they left a valid will. Get that…