What is a Grant of Probate?
A Grant of Probate is issued by the Probate Registry (part of HMCTS) when the deceased left a valid Will naming one or more executors. It formally confirms that the Will is valid and that the named executor has the legal authority to administer the estate — collecting assets, paying debts, and distributing the remainder to the beneficiaries named in the Will.
Once the Grant is issued, the executor can present it to banks, building societies, the Land Registry and other institutions to prove their legal authority and request the release of the deceased's assets.
What are Letters of Administration?
Letters of Administration are issued in two main circumstances: when the deceased died intestate (without a valid Will), or when the deceased left a Will but no executor is available or willing to act. The document gives the appointed administrator — usually the next of kin — the same legal authority as a Grant of Probate.
Where there is a Will but no executor, the document is sometimes called a Grant of Letters of Administration with Will Annexed. Where there is no Will at all, it is simply Letters of Administration.
Key differences between the two
The practical differences for the person administering the estate are modest — both documents give equivalent authority to deal with the estate. The main differences are:
- Grant of Probate requires a valid Will; Letters of Administration do not
- The executor named in the Will applies for Probate; the administrator (usually next of kin) applies for Letters of Administration
- With Letters of Administration, the estate is distributed according to the Intestacy Rules (not a Will)
- Letters of Administration can require more complex family searches to establish who is entitled to act
- Multiple potential administrators can sometimes lead to disputes over who has the right to apply
Intestacy: who inherits without a Will?
If the deceased died without a valid Will, the Intestacy Rules in England and Wales determine who inherits. The rules follow a strict order: the surviving spouse or civil partner takes priority, followed by children, then grandchildren, then parents, then siblings, then half-siblings, and so on. Unmarried partners have no automatic right to inherit under intestacy — regardless of the length of the relationship.
This is one of the strongest arguments for making a Will: without one, people you might want to benefit (an unmarried partner, a charity, a friend) may receive nothing, while distant relatives you have no relationship with may inherit.
How to apply — and when to seek help
The application process for both a Grant of Probate and Letters of Administration is handled by HMCTS. In both cases, you complete the relevant PA1 form and submit it with the death certificate, any original Will, and payment of the £273 probate fee.
Where Letters of Administration are required — particularly in complex intestacy cases where the family structure is not straightforward — specialist advice is strongly recommended. A probate solicitor can confirm who has priority to apply, help gather the necessary evidence of family relationships, and ensure the estate is distributed correctly under the Intestacy Rules.