Probate
What is the difference between a grant of probate and letters of administration?
Understanding the legal processes behind probate and estate administration can be overwhelming in the wake of losing a loved one. In this article, we explain the difference between a grant of probate and letters of administration, and when each may apply to you.
Understanding the legal processes involved in managing the estate of a loved one after they pass away can be overwhelming in the wake of your loss, and the last thing you want is to be scrambling to find where to start.
When someone dies in the UK (and the value of their estate exceeds £5,000), a representative of the deceased must obtain the legal authority to take over and manage their estate. This is known as a grant of representation, and how this is achieved can differ.
In this article, our expert probate solicitors explore the two processes by which a grant of representation can be obtained – a grant of probate and letters of administration – the key differences between them and how you can apply for both.
If you have any further questions about the process of probate or estate administration, you can reach out to our expert team on 0330 041 5869 or contact us online and we will get back to you as soon as possible.
What is a grant of probate?
A grant of probate is the legal authority a representative of the deceased must obtain before they are able to administer the estate. Usually, it will only be required where estates are valued at £5,000 or more and can only be applied for where the deceased has left a valid will.
It will often be the duty of the executor named in the will to apply for a grant of probate. They will need to submit the deceased’s will and any supporting documents to the Probate Registry.
Once a grant of probate has been obtained, the executor will then be able to administer the estate, which involves valuing the estate, paying any outstanding debts or taxes owed, and distributing assets according to the terms of the will.
What are letters of administration?
When a person dies without a valid will, they are said to have died ‘intestate’. In these circumstances, the deceased’s next of kin will usually have to apply for letters of administration before they can administer their estate.
Next of kin is determined by the closest living relative. This is often the spouse or civil partner of the deceased, followed by any children over the age of 18 (including legally adopted children, but not stepchildren). Where the deceased did not have a spouse or children, next of kin is determined by order of priority. This can be found using the government’s inheritance calculator.
Regardless of who administers the deceased’s estate, there are strict rules setting out how assets must be distributed. These are known as the rules of intestacy and, in the absence of a valid will, the estate must be distributed in accordance with these guidelines.
What is the difference between a grant of probate and letters of administration?
While both grant of probate and letters of administration provide the authority to administer the estate of a deceased person, there are three key differences:
- A grant of probate can only be obtained where there is a valid will, while letters of administration is required where there is no valid will, or an executor is not named.
- A grant of probate provides legal authority to the named executor of a will. Letters of administration awards authority to an administrator (usually the next of kin).
- A grant of probate allows an executor to distribute the deceased’s estate according to the terms of their will, where letters of administration require assets to be distributed according to the rules of intestacy.
How do you apply for a grant of probate or letters of administration?
Whether you require a grant of probate or letters of administration, you will need to submit an application to the Probate Registry to be awarded the authority to administer the deceased’s estate. Before you apply for a grant of probate or letters of administration, you should ensure you have:
- Registered the deceased person’s death within five days of death (unless an investigation is being carried out by a coroner). If the deceased has left a will, you will also need to obtain the original copy.
- Determined an estimated value of the estate. You may need to contact banks, building societies, utility companies and pension providers to obtain this.
- Using the valuation of the estate, determine whether you need to pay Inheritance Tax.
Once you have this information, you can submit an application for a grant of probate or letters of administration on the government website.
This can seem like a straightforward process, however there are pitfalls to be aware of. If you are unsure at any point, it is strongly recommended to speak to an expert probate solicitor, who will be able to provide tailored legal advice and support you throughout the process.
Can a probate solicitor help?
It's not easy dealing with your grief over a loved one, making funeral arrangements, and starting the administrative duties of an executor all at the same time.
This is why many executors and administrators (also known as personal representatives) choose to work with a solicitor who assists them with executing the will of the deceased person. Slater and Gordon have specialist solicitors who can assist you with your duties as the personal representative of your loved one's estate. We can provide legal advice and support where:
- The terms of the will are unclear or you believe the will could be disputed
- The deceased owned property or assets abroad
- The deceased left assets in a trust
- The deceased owned a business or shares in a business
- Part of the estate has been left to children under the age of 18
To speak to one of our industry leading solicitors for tailored legal advice, call us on 0330 041 5869 or contact us online.
