Probate vs Letters of Administration UK Guide
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Losing someone close is hard enough without having to decode unfamiliar legal language at the same time. Two phrases tend to come up almost immediately: Grant of Probate and Letters of Administration. They sound similar, they do a similar job, but they are not the same thing, and knowing which one applies to your situation saves a lot of wasted time.
This guide walks through what each grant does, when you need one rather than the other, who can apply, and the practical steps involved in handling an estate in England and Wales. Whether you are an executor named in a will or a relative stepping forward because no will exists, the information below is written to give you a clear starting point so you can work out your next move with confidence.
What this document is
A Grant of Probate and Letters of Administration are both 'grants of representation'. That is the umbrella legal term for a court document confirming who has the authority to deal with a deceased person's estate. The difference between the two comes down to whether the deceased left a valid will.
Where there is a will that names an executor, the executor applies for a Grant of Probate. This confirms the will is valid and gives the executor legal standing to collect assets, pay off debts and inheritance tax, and pass what remains to the beneficiaries named in the will.
Where there is no valid will, or the will does not appoint anyone willing or able to act, the estate passes under the intestacy rules. A close relative applies instead for Letters of Administration, which gives them equivalent authority to deal with the estate.
The person granted this is called an administrator rather than an executor. In both cases the grant is issued by the Probate Registry, part of HM Courts and Tribunals Service.
How to use this document
- Work out whether a valid will exists. Search through the deceased's paperwork, speak to their solicitor if they had one, and check whether the will was stored with a bank or the Probate Service. The existence and wording of a will determines whether you apply for probate or letters of administration, so this step is foundational. 2. Value the estate. Compile a list of everything the deceased owned, including property, bank accounts, investments, vehicles and personal possessions, then subtract any debts. This valuation is needed to work out whether inheritance tax is due and to complete the correct HMRC forms before applying for a grant. 3. Submit the inheritance tax paperwork. Depending on the size and make-up of the estate, different inheritance tax forms apply. Any tax owed generally needs to be paid, or at least started, before the grant will be issued. Check the current thresholds and forms on gov.uk as these are updated from time to time. 4. Apply to the Probate Registry. Executors apply for a Grant of Probate and close relatives apply for Letters of Administration. Applications can be made online or by post and a fee applies, with reduced or waived fees in some circumstances. You will need to send the original will where one exists. 5. Administer the estate. Once the grant is issued, use it to close accounts, sell or transfer assets, settle outstanding bills, and distribute what remains according to the will or the intestacy rules. Keep clear records throughout, because beneficiaries are entitled to see accounts showing how the estate was handled.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Common questions
Q Do I always need a grant to deal with an estate?
Not always. If the estate is small, held in joint names that pass automatically to a surviving owner, or consists only of low-value personal items, a grant may not be required. Each bank and institution sets its own threshold for releasing funds without a grant. For anything involving property in the deceased's sole name, a grant is almost always needed.
Q Who can apply for Letters of Administration?
When there is no will, the law sets an order of priority for who can apply. A surviving spouse or civil partner comes first, followed by children, then parents, siblings and more distant relatives. Only one person needs to apply in most cases, though up to four can act jointly. Unmarried partners cannot apply under the intestacy rules, which often surprises people.
Q How long does it take to get a grant issued?
Timescales vary depending on the workload at the Probate Registry and whether the application is straightforward. Simple online applications can be processed in a matter of weeks, while complex or paper-based applications take longer. Delays are common if inheritance tax paperwork is incomplete or if the registry needs to query anything, so accuracy at the application stage matters.
Q Can an executor refuse to act?
Yes. Being named as an executor in a will does not force you to take on the role. You can renounce probate formally before getting involved in the estate, or you can have 'power reserved' so a co-executor acts instead. Once you have started dealing with the estate it becomes harder to step back, so think carefully before taking any action.
Q What happens if family members disagree about who should administer the estate?
Where several relatives have equal standing to apply for Letters of Administration, disputes can arise. The Probate Registry can be asked to decide, or one person can apply with the written consent of the others. In more serious disagreements, particularly around the validity of a will, the dispute may need to be resolved through the courts.
Q Is inheritance tax always payable?
No. Inheritance tax is only due where the estate exceeds the available nil-rate bands and exemptions. Transfers between spouses and civil partners are generally exempt, and additional allowances may apply where a family home passes to direct descendants. Rates and thresholds change, so check the current position on gov.uk before assuming tax is or is not due.
Q What is the difference between an executor and an administrator?
Both roles carry essentially the same powers and duties once the grant is issued. The difference is how they are appointed. An executor is chosen by the deceased in their will, while an administrator is appointed by the court under the intestacy rules because there is no valid will or no willing executor. Day to day, the work involved is very similar.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovApplying for probate on gov.ukgov.uk
- Guidance · UK GovInheritance Tax guidance on gov.ukgov.uk
- Guidance · UK GovRules of intestacy on gov.ukgov.uk
- Guidance · UK GovFind a will or probate recordgov.uk
Legal helpline
Not sure which grant applies to your situation?
Probate and letters of administration follow different routes and the wrong starting point can cost weeks of delay. An experienced legal adviser can talk through the estate based on what you describe and help you work out which application fits.
- Plain-English answers to your specific questions about the estate
- Clarity on whether probate or letters of administration applies in your circumstances
- Practical perspective on what to do next based on what you describe
- Help thinking through who should apply and what paperwork is involved
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.