Grant of Probate is issued when someone dies leaving a valid will, giving named executors authority to handle the estate. Letters of Administration are issued when there’s no valid will, granting authority to the next of kin under intestacy rules. Both documents cost £300, follow similar application processes, and provide identical legal authority once issued. The key difference is simply whether a valid will exists.
If you’re dealing with someone’s estate after they’ve died, you’ll quickly discover that financial institutions and legal professionals throw around terms like “probate” and “letters of administration” as if everyone understands the difference.
Most people don’t, and the confusion creates unnecessary stress during an already difficult time.
Banks mention “grant of probate,” solicitors discuss “letters of administration,” and well-meaning family members use both terms interchangeably. Yet these are different legal documents with different purposes. You might spend days trying to work out which one you need, only to discover you’ve been researching the wrong process entirely.
The good news is that understanding which document you actually need depends on answering a single question: did the deceased leave a valid will? That one factor determines everything else about which grant you’ll apply for and who has the right to handle the estate.
This guide clarifies the practical difference between these documents, shows you which applies to your specific situation, and explains what happens once you know which path you’re on.
What’s the Core Difference Between Probate and Letters of Administration?
The fundamental distinction between probate and letters of administration comes down to one thing: whether the deceased left a valid will. If there’s a will, you need a Grant of Probate. If there’s no will, you need Letters of Administration.
Everything else flows from that single difference.
Both documents give someone legal authority to deal with the deceased’s estate. Both allow you to access bank accounts, sell property, collect debts owed to the estate, and distribute assets. Both cost the same to apply for and follow similar processes. The technical term covering both is a “grant of representation” – probate and letters of administration are simply the two types available.
According to HM Courts & Tribunals Service data, approximately 280,000 grants of representation are issued annually in England and Wales, with roughly 60% being Grants of Probate and 40% being Letters of Administration.
What Happens When There’s a Valid Will?
A Grant of Probate is issued when the deceased left a valid will naming one or more executors.
The grant confirms that the will is legitimate and that the named executors have legal authority to carry out its instructions. You’ll need this document to prove to banks, insurance companies, and other organisations that you have the right to access the deceased’s assets.
The executors distribute the estate according to the will’s specific instructions. If Auntie Joan wanted her house to go to her nephew and her savings split between three charities, that’s exactly how the executors must distribute things – assuming there’s enough money left after paying debts and taxes.
What Happens When There’s No Valid Will?
Letters of Administration are issued when someone dies intestate – meaning without a valid will.
In this situation, there’s no named executor, so the court grants authority to an administrator instead. The administrator is usually the deceased’s next of kin, determined by a strict legal priority order.
Without a will to follow, the administrator distributes assets according to the rules of intestacy. These are fixed legal rules that determine who inherits what based on family relationships. The deceased’s personal wishes don’t matter here – the law decides everything.
“People are often shocked to discover that without a will, their unmarried partner inherits nothing under intestacy rules. The estate goes to blood relatives or the Crown if there are none, regardless of decades-long relationships.”
What Are Letters of Administration With Will Annexed?
There’s a hybrid situation that catches many people off guard. Sometimes a valid will exists, but no executor can act on it.
This triggers an application for Letters of Administration with Will annexed – a document that combines elements of both probate and letters.
This scenario arises when the will simply doesn’t name an executor, or when the named executor has died before the deceased, lacks mental capacity, or refuses to take on the role.
Perhaps the deceased wrote a homemade will that detailed who should inherit but forgot to appoint anyone to carry out those wishes. Or maybe the appointed executor has since developed dementia or simply doesn’t want the responsibility due to family conflicts.
When this happens, someone else must step forward to handle the estate.
Usually this will be a main beneficiary or the next of kin. They apply for Letters of Administration with Will annexed, which gives them legal authority to act. The important point is that the will’s distribution instructions remain valid – assets still go to the people named in the will, not according to intestacy rules. It’s only the executor appointment that has failed.
You can avoid this complication by naming substitute executors when you write your will. If your first choice can’t act, the substitute automatically steps into their shoes.
Who Can Apply for Each Type of Grant?
Different rules govern who has the right to apply for each document, and these distinctions matter when families need to work out who’s taking charge.
Who Can Apply for a Grant of Probate?
If there’s a valid will naming executors, those executors – and only those executors – can apply for probate.
The executor must be over 18 and of sound mind. If the will names multiple executors, any of them can apply, though it’s common for all to apply jointly. If one executor doesn’t want to act, they can formally renounce their role, allowing the others to proceed.
The will might name anyone as executor – a family member, a friend, or a professional such as a solicitor. Blood relationship doesn’t matter; the deceased’s choice in their will is what counts.
Who Can Apply for Letters of Administration?
Without a will to name anyone, the law imposes a strict priority order for who can apply.
The person highest on this list has the right to apply, and people lower down cannot apply unless those above them renounce their rights.
The priority order runs: surviving spouse or civil partner first, then children over 18 (including adopted children but not stepchildren), then parents, then full siblings, then half-siblings, and so on through more distant relatives.
This fixed hierarchy can create tension in modern families with complex relationships.
If you’re in a long-term relationship but not married or in a civil partnership, you have no automatic right to apply for letters of administration – even if you lived together for decades. The legal spouse or children come first. Similarly, stepchildren have no rights unless they were legally adopted, which surprises many blended families.
“I’ve seen bitter disputes in blended families where adult stepchildren assumed they could handle their stepparent’s estate,” says Rachel Turner, Trust and Estate Practitioner. “Without legal adoption, they have no standing whatsoever under intestacy rules.”
When family members disagree about who should apply, the Probate Registry or court may need to intervene. These disputes delay everything and can become expensive.
How Does the Application Process Differ for Each?
Despite the different names and legal distinctions, the actual application process is remarkably similar for both documents. You’re dealing with the same Probate Registry, paying the same fees, and following nearly identical steps.
The current application fee is £300, plus £1.50 for each additional copy you need. You’ll want multiple copies because most banks and building societies require an original grant, not a photocopy.
Both applications require similar documentation: the death certificate, a full valuation of the estate showing all assets and debts, and the appropriate inheritance tax forms submitted to HMRC.
The key difference is which form you complete.
For a Grant of Probate with a will, you fill in form PA1P and submit the original will plus three copies. For Letters of Administration without a will, you complete form PA1A instead. You can apply online for many cases or by post if your situation is more complex.
According to the Ministry of Justice, processing times are currently similar for both – the Probate Registry aims to issue grants within 16 weeks of receiving a properly completed application, though complex cases can take longer. Neither process is inherently faster than the other, so don’t assume letters of administration will be quicker just because there’s no will to validate.
You can handle either application yourself without a solicitor, provided the estate is straightforward. Many people do. However, if the estate is large, involves complicated assets like business interests, or if family disputes seem likely, professional help often proves worthwhile.
Related: How Long Does Probate Take? Timeline, Delays and What to Expect
When Don’t You Need Either Document?
Not every estate requires probate or letters of administration, regardless of whether there’s a will.
You might be able to handle everything without applying for a grant, saving both time and the £300 application fee.
Small estates worth less than £5,000 usually don’t require a grant. Most financial institutions will release funds up to certain thresholds based just on the death certificate. However, these thresholds vary enormously between organisations.
Some banks release up to £50,000 without probate, whilst others insist on seeing a grant for anything over £5,000. You’ll need to check with each organisation holding the deceased’s money.
Property owned as joint tenants automatically passes to the surviving owner without probate.
The legal ownership transfers by survivorship, which is a separate mechanism from probate. Similarly, life insurance policies and pension death benefits with named beneficiaries usually pay out directly to those people without needing a grant.
Joint bank accounts usually pass to the surviving account holder, though some banks have their own policies about this. According to NS&I, Premium Bonds under £50,000 have a simplified process that doesn’t require full probate.
Personal possessions like furniture, clothing, and jewellery don’t usually require probate unless they’re particularly valuable. You can generally distribute these items according to the will or family agreement without formal legal authority.
Read more: What Makes Up a Person’s Estate When They Die?
What Cash Flow Challenges Arise During the Process?
Whether you’re applying for probate or letters of administration, you’ll face the same frustrating cash flow problem: the estate’s assets remain frozen whilst immediate costs keep mounting.
Banks won’t release funds without the grant, yet you’re facing expenses that can’t wait months for approval.
Funeral costs in the UK average £4,285 according to SunLife’s 2025 Cost of Dying report, and need paying immediately. The deceased’s property requires ongoing insurance, utility payments, and maintenance. If the estate exceeds the inheritance tax threshold, HMRC expects payment within six months of death – often before you can access estate funds to cover it.
You’re not personally liable for these costs. Executors and administrators never have to use their own money to pay estate expenses, despite what it might feel like. The costs are the estate’s responsibility, but accessing estate money requires the grant you’re waiting for.
“The catch-22 is real and causes genuine anxiety for executors. They know they shouldn’t use personal funds, but they’re watching bills pile up and inheritance tax deadlines approaching whilst the estate money sits locked away.”
This creates a genuine dilemma.
Some executors and administrators do choose to pay expenses from personal funds temporarily, then reimburse themselves once the grant comes through. Others explore probate loans – short-term lending secured against the inheritance rather than your personal assets. These loans don’t require credit checks because they’re repaid directly from the estate when it settles.
Some funeral directors will wait for payment until after probate completes, particularly if they’ve worked with the family before. Banks occasionally release funds specifically for funeral expenses before the full grant issues, though this is discretionary. It’s worth asking, but don’t assume they’ll agree.
The inheritance tax deadline causes particular problems.
You must pay within six months or face interest charges, but accessing estate funds to pay it requires the grant. Many executors use probate loans specifically to meet this HMRC deadline whilst protecting their personal finances.
Related: Do UK Banks Actually Offer Inheritance Loans?
What Happens After You Receive the Grant?
Once the Probate Registry issues your grant – whether it’s probate or letters of administration – both documents provide identical legal authority. Financial institutions must cooperate with you immediately.
You’ll send certified copies of the grant to every bank, building society, insurance company, and other organisation holding the deceased’s assets. They’ll verify the document and then release the funds to you or close accounts as appropriate.
Property can be sold or transferred into beneficiaries’ names. Investments can be cashed in. Debts must be paid from estate funds.
Your responsibilities are the same whether you’re an executor with a Grant of Probate or an administrator with Letters of Administration. You must identify all assets and debts, collect everything in, pay what’s owed, keep detailed records of every transaction, and then distribute whatever remains according to either the will or intestacy rules.
Beneficiaries cannot receive their inheritance until you’ve completed all these steps.
According to industry research by Kings Court Trust, estate administration typically takes six to twelve months from receiving the grant, longer for complex estates. You must be thorough – if you distribute the estate and a creditor appears later with a valid claim, you could be personally liable for that debt.
Why Understanding the Difference Matters
The terminology around probate and letters of administration sounds more complicated than it actually is. Once you understand that one document applies when there’s a will and the other applies when there isn’t, everything else makes more sense.
Check first whether you actually need a grant at all.
If the estate is small or the deceased’s assets pass automatically to surviving owners, you might be able to handle everything without formal probate proceedings. This saves time and money.
If you do need a grant but you’re unsure which type or you’re uncomfortable handling the application yourself, professional advice is readily available. Solicitors specialising in probate can guide you through the process, and many offer fixed-fee services for straightforward estates. You’re not expected to become a legal expert overnight whilst you’re grieving.
The cash flow challenges during probate are normal and predictable. If you’re facing pressure to pay inheritance tax or cover estate expenses before you can access estate funds, specialist probate lenders can provide short-term finance secured against the inheritance. This protects your personal finances whilst ensuring the estate administration proceeds smoothly.
Don’t let confusion about legal terminology delay the action you need to take. The practical difference between probate and letters of administration is straightforward once someone explains it clearly. One applies when there’s a will, the other when there isn’t. Choose your path based on that single factor, and you’ll know exactly which document you’re applying for.
Frequently Asked Questions
Yes, you can apply for either Grant of Probate or Letters of Administration yourself without a solicitor. Many people successfully handle straightforward estates independently using the online application service at GOV.UK. However, professional help is advisable for complex estates, high-value assets, or where family disputes are likely.
The Probate Registry currently aims to process applications within 16 weeks, though this can extend to 20+ weeks during busy periods. Online applications are generally faster than postal submissions. Complex estates requiring additional documentation or queries can take considerably longer.
There’s no difference in cost. Both applications cost £300 (as of October 2025), plus £1.50 for each additional certified copy you need. The Probate Registry charges the same fee regardless of which type of grant you’re applying for.
Yes, this is extremely common and perfectly legal. Executors can be beneficiaries of the estate they’re administering. In fact, many people name their main beneficiaries as executors precisely because they have the greatest interest in ensuring the estate is handled properly.
If no one applies within a reasonable time, the estate remains frozen indefinitely. Eventually, if there are assets of sufficient value, creditors or other interested parties may petition the court to appoint an administrator. In extreme cases with no family and no claims, the estate passes to the Crown under the doctrine of bona vacantia.
It depends on how the property was owned. Property held as “joint tenants” passes automatically to the surviving owner without probate. Property held as “tenants in common” requires probate to transfer the deceased’s share. Check the property deeds or Land Registry documents to determine which applies.
Generally no, but some banks release small amounts for funeral expenses before the grant is issued. Each bank sets its own threshold for requiring probate – typically between £5,000 and £50,000. You’ll need to contact each institution individually to check their specific requirements.
If the original will cannot be located, you may need to apply for Letters of Administration instead of Probate, unless you can prove the will’s contents and that it wasn’t deliberately destroyed. A photocopy or draft might support your case, but the Probate Registry will scrutinise such applications carefully.
Further Reading
For detailed guidance on the probate application process, including step-by-step instructions and downloadable forms, visit the official GOV.UK probate application service. The site provides comprehensive information on applying online or by post, current fees, and what documents you’ll need to submit with your application.
If you’re dealing with an estate where there’s no will, the GOV.UK intestacy rules page explains exactly who inherits what under UK law. This resource includes a helpful tool that calculates inheritance entitlements based on family relationships and estate value.
For authoritative information about inheritance tax thresholds, allowances, and payment deadlines, HMRC provides detailed guidance on the official inheritance tax information page. You’ll find current rates, exemptions, and information about the residence nil-rate band that applies when leaving property to direct descendants.
The Law Society offers independent guidance on choosing and working with probate solicitors through their probate information section. This resource helps you understand when professional legal help is advisable and what to expect from the solicitor-client relationship during estate administration.
Citizens Advice provides free, impartial guidance on all aspects of dealing with someone’s estate after they die on their comprehensive probate and estate administration page. The resource covers everything from registering a death to distributing assets, with particular focus on protecting executors from personal liability.
