What is the difference between Grant of Probate and Letters of Administration?

When you pass away your assets (such as property, bank accounts, investments, shares and personal chattels) make up your “Estate”. Depending on the value of your Estate, sometimes it is necessary to obtain legal authority from the court to deal with the Estate. An application for this legal authority will be made to the court for Grant of Probate or Letters of Administration but what is the difference?

Grant of Probate – if you have made a valid Will appointing an executor, they will apply to the court for Grant of Probate.

Letters of Administration – if there is no Will appointing an executor usually one of the beneficiaries entitled to your estate under the rules of intestacy, will apply to the court for Letters of Administration. Issues can arise if it cannot be agreed who should act and so it is important to have a Will setting this out.

Where there is a Will, but the named executor cannot act or there are other issues with the appointment, Letters of Administration (with the Will Annexed) can be applied for by a beneficiary. It is therefore important when making your Will, to appoint a substitute executor to avoid this scenario.

The process of applying for each of the above is similar and here at Anthony Gold we have a dedicated and experienced team who shall be happy to assist you whether it be with the preparation of a Will or administering a loved one’s estate.