What’s the difference between a Grant of Probate and Letters of Administration?
Dealing with the estate of a loved one after they have passed away can be a complex and emotional process. One important step in the estate administration process is obtaining a Grant of Probate or Grant of Letters of Administration (also known as simply Letters of Administration). But what is the difference between each?
What is a Grant of Letters of Administration?
A Grant of Letters of Administration is a legal document issued by the Probate Registry. It gives the Administrator the authority to manage and distribute a deceased person's estate when there is no valid Will.
This Grant is required when the deceased has not left a Will, or if the Will is deemed invalid and there is no named Executor to manage the estate. It allows the Administrator to gather the deceased's assets, pay off debts, and distribute the remaining estate according to the rules of intestacy - a legal framework that determines who inherits when no Will is present.
Receiving the Letters of Administration is often a crucial step in starting the estate administration process. Without it, the Administrator may not have the legal authority to handle the deceased's affairs, which can cause delays. However, depending on the estate's value and who is set to inherit, this Grant is not always necessary.
What is the difference between a Grant of Probate and a Grant of Letters of Administration?
The main difference between a Grant of Probate and Letters of Administration is whether the deceased left a valid Will.
- A Grant of Probate is issued when the deceased has a valid Will and names one or more Executors to manage their estate. These Executors are legally authorised to carry out the wishes expressed in the Will;
- On the other hand, a Grant of Letters of Administration is needed when the deceased did not leave a valid Will. In this case, the Court appoints an Administrator, typically the deceased's next of kin, to manage the estate. Without a Will to outline asset distribution, the estate is divided according to intestacy rules.
In rare cases, if there is a valid Will but no named Executor (or if the Executor is unable or unwilling to act), a Grant of Letters of Administration with 'Will annexed' may be issued. However, this is uncommon as most professional Will Writers ensure Executors are named, and DIY Will templates typically include this as well.
The term 'Grant of Representation' is sometimes used to describe both a Grant of Probate and a Grant of Letters of Administration.
Who can apply for a Grant of Letters of Administration?
If there is no valid Will, only certain individuals are eligible to apply for a Grant of Letters of Administration. The person must be the deceased's next of kin, following a strict order of priority set by the rules of intestacy.
The order of priority is as follows:
- The deceased's spouse or civil partner;
- A child of the deceased, including adopted children but not stepchildren;
- A parent of the deceased;
- A brother or sister of the deceased;
- A grandparent of the deceased;
- An uncle or aunt of the deceased.
It's important to note that a separated spouse or civil partner may still apply if they were legally married or in a civil partnership at the time of death. However, unmarried partners and close friends do not have the right to apply, highlighting the importance of having a valid Will to ensure your wishes are followed.
If you're uncertain about eligibility, seeking advice from a legal professional or probate provider such as Kings Court Trust is recommended.
What is the application process for a Grant of Probate and Grant of Letters of Administration?
The difference between a Grant of Probate and Letters of Administration is which form you fill in to apply for the Grant; everything else stays the same.
To apply, you'll need to:
- Complete a PA1P form (a Grant of Probate) or a PA1A form (Letters of Administration);
- Provide a Death Certificate;
- Submit documentary proof of the deceased's assets and debts to calculate the estate's value. This is crucial for determining if Inheritance Tax (IHT) is due;
- Complete and submit the appropriate IHT form (if required).
There is an application fee of £300, plus an additional £1.50 for each copy of the Grant required. You may need multiple copies depending on how many institutions the deceased had accounts with.
Applications can be submitted online or by post. While GOV.UK advises that Grants typically take up to 16 weeks, reports suggest that recent delays may shorten or extend this timeframe. For example, in December 2024, the average timeline was 14+ weeks from submission to receiving the Grant, especially in cases of intestacy.
If your application is incomplete or incorrect, it may be returned, causing further delays. To avoid complications, ensure all required documents are included, and seek professional advice if you’re unsure.
Can the decision about who receives the Grant of Letters of Administration be challenged?
Yes, the decision can be contested if someone believes they have a stronger entitlement to manage the estate. Disputes can also arise if concerns are raised about the appointed Administrator’s ability to manage the estate fairly.
Decisions on the Grant of Probate normally can’t be challenged as they would follow the wishes of the deceased and who they appointed as the Executor.
To contest the decision, an individual must file a caveat with the Probate Registry. This temporarily stops the Grant from being issued until the dispute is resolved. In some cases, disputes may be settled through mediation. If not, the matter may proceed to the Court, where a Judge will determine the most suitable person to administer the estate.
Contesting a Grant can be complex and emotional, so seeking legal advice is strongly recommended if you find yourself in this situation.
