Probate vs Letters of Administration

What is the difference between probate and letters of administration?

The grant of probate is issued to an executor named in a valid will, confirming their authority to administer the estate. Letters of administration are issued where there is no valid will, or the named executors cannot or will not act, and go to the person with the strongest legal claim under a set order (gov.uk, as at July 2026, subject to change). The powers granted are broadly the same; the route to them differs.

The person who holds a grant of probate is called the executor. The person who holds letters of administration is called the administrator. Both are types of "personal representative", the umbrella term for whoever is legally responsible for the estate. A third, less common grant, letters of administration with the will annexed, applies where there is a valid will but no executor able to act, for example where the named executor has died or declined the role.

Probate and letters of administration side by side

The clearest way to see the distinction is to line the two grants up. The trigger is whether a valid will names an executor who is willing and able to act. Everything else, from the authority given to the tax and reporting duties, is broadly the same for both.

Feature	Grant of probate	Letters of administration
Applies when	There is a valid will with an executor able to act	There is no valid will, or no named executor able to act
Holder is called	Executor	Administrator
Who can apply	The executor(s) named in the will	The closest relative, in a legal order of priority
Estate shared out under	The terms of the will	The intestacy rules
Legal authority	Deal with the estate's assets and debts	Deal with the estate's assets and debts

Feature

Grant of probate

Letters of administration

Applies when

There is a valid will with an executor able to act

There is no valid will, or no named executor able to act

Holder is called

Executor

Administrator

Who can apply

The executor(s) named in the will

The closest relative, in a legal order of priority

Estate shared out under

The terms of the will

The intestacy rules

Legal authority

Deal with the estate's assets and debts

Who can apply for each grant

Where there is a will, only the executors named in it can apply for the grant of probate. Where there is no will, the right to apply for letters of administration follows a legal order of priority. The surviving husband, wife or civil partner comes first, then children aged 18 or over, including legally adopted children but not step-children, and then other relatives in turn (gov.uk, if there is not a will, as at July 2026, subject to change).

An unmarried partner who was not a spouse or civil partner cannot apply for letters of administration and does not inherit automatically under the intestacy rules, however long the relationship lasted (gov.uk, as at July 2026, subject to change). This is one reason many people choose to make a will, so that the people they intend to benefit are the ones with standing to act.

See also our wider estate planning guide for how a will shapes who deals with an estate.

A worked example

The same family can end up needing different grants depending on the paperwork left behind. The example below shows how the presence or absence of a valid will changes the name of the grant, even though the practical job of administering the estate looks much the same.

A worked example (illustration only). Two neighbours each die owning a house and some savings. The first left a valid will naming her daughter as executor, so the daughter applies for a grant of probate and shares out the estate under the will. The second left no will, so his son, as the closest relative, applies for letters of administration and shares out the estate under the intestacy rules. Both pay the standard application fee of £300, as each estate is worth more than £5,000, and both may order extra copies of the grant at £16 each (gov.uk, probate fees, as at July 2026, subject to change). The authority each holds is the same; only the name of the grant and the rules for dividing the estate differ. Change the family, the assets or the will and the position changes, so this is general information rather than a calculation for any real estate.

When is a grant needed at all?

Not every estate needs a grant. A grant of probate or letters of administration is usually required where the estate includes property such as a house or flat, or where banks and other institutions ask for one before releasing funds. It may not be needed where the estate is small, or where assets such as a home or a joint account were held as joint tenants and pass automatically to the surviving owner by survivorship (gov.uk, applying for probate, as at July 2026, subject to change).

Whether a grant is needed does not usually depend on the will versus intestacy question. It turns on what the estate contains and how the assets were owned. Where a grant is needed, the will (or its absence) then decides whether it is a grant of probate or letters of administration.

Property in the sole name of the person who died. A grant is generally needed to sell or transfer it.

Larger bank or investment holdings. Institutions often ask for a grant before releasing funds, though thresholds vary between them.

Jointly owned assets. Assets held as joint tenants often pass by survivorship, so a grant may not be needed for those alone.

Probate and letters of administration in Scotland and Northern Ireland

The grant of probate and letters of administration described here are the terms used in England and Wales, and the £300 application fee applies to estates in England and Wales (gov.uk, probate fees, as at July 2026, subject to change). Scotland uses a different system called confirmation, granted by the sheriff court, with its own rules and fees. Northern Ireland has its own probate service and separate application routes. Where an estate touches more than one UK nation, it can be worth taking advice in each. For the wider picture, see our estate planning guide.

Frequently asked questions

Is letters of administration the same as probate?

They give the same legal authority to deal with an estate, but they are issued in different situations. A grant of probate goes to an executor named in a valid will, while letters of administration are issued where there is no valid will, or no named executor able to act (gov.uk, as at July 2026, subject to change). People often use "probate" loosely to cover both.

What is the difference between an executor and an administrator?

An executor is the person named in a valid will who applies for the grant of probate. An administrator is the person who applies for letters of administration where there is no valid will, usually the closest relative in a legal order of priority (gov.uk, if there is not a will, as at July 2026, subject to change). Both are personal representatives with broadly the same duties.

Who applies for letters of administration if there is no will?

The right to apply follows a legal order. The surviving husband, wife or civil partner comes first, then children aged 18 or over, including legally adopted children but not step-children, then other relatives in turn (gov.uk, as at July 2026, subject to change). An unmarried partner cannot apply and does not inherit automatically under the intestacy rules.

Does letters of administration cost more than probate?

The application fee is generally the same for both. It is often £300 where the estate is worth more than £5,000, with no fee where it is £5,000 or less, and extra copies of the grant are commonly £16 each (gov.uk, probate fees, as at July 2026, subject to change). Any professional help you choose to use is separate and varies.

Can two people apply for letters of administration together?

More than one person can sometimes apply together, and in certain cases the court may require more than one administrator, for example where a beneficiary is under 18. The rules can be involved, so it can be worth discussing the position with a qualified professional such as a solicitor before applying (gov.uk, as at July 2026, subject to change).

Do you always need probate or letters of administration?

Not always. A grant is usually needed where an estate includes property in the sole name of the person who died, or where institutions ask for one before releasing funds. It may not be needed for a small estate, or for assets held as joint tenants that pass by survivorship (gov.uk, as at July 2026, subject to change). It depends on what the estate contains.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.