Grant of Probate vs Letters of Administration UK 2026

UK families dealing with an estate often come across two terms, grant of probate and letters of administration, and need to know which applies to them. This guide explains the difference in England and Wales: when each grant is used, who can apply, what the two have in common, and the variant used where there is a will but no executor. It cites HM Courts and Tribunals Service and the Administration of Estates Act 1925. Kael Tripton is an editorial publisher and not a regulated legal services provider. This article is information only and is not legal advice. Anyone administering an estate should consult an SRA-authorised solicitor or Citizens Advice.

What the two grants are

A grant of probate and letters of administration are both court-issued documents that give a person legal authority to deal with the estate of someone who has died. They allow the holder to collect, sell, and transfer the deceased's assets, and they are accepted by banks, the Land Registry, and other institutions as proof of that authority. The difference between them comes down to one thing: whether there is a valid will that names an available executor (HM Courts and Tribunals Service, gov.uk, accessed June 2026).

A grant of probate is issued where there is a valid will naming an executor who is able and willing to act. That executor applies for the grant and becomes responsible for carrying out the will. Letters of administration are issued where there is no valid will, or where the will does not name an executor who can act, in which case the next of kin applies and becomes the administrator (Administration of Estates Act 1925, legislation.gov.uk). The two grants do the same job once issued; the difference is in how the person in charge is chosen.

When each applies

Whether an estate needs a grant of probate or letters of administration depends entirely on the will. If the deceased left a valid will and named an executor who is alive, willing, and able to act, that executor applies for a grant of probate (HM Courts and Tribunals Service, gov.uk, accessed June 2026). The will sets out who inherits, and the executor carries out those wishes.

If there is no will at all, the estate is intestate, and the next of kin applies for letters of administration, with the estate distributed under the intestacy rules. There is also an in-between situation: where there is a valid will, but the named executors have died or are unwilling or unable to act, and no replacement is available. In that case the person entitled applies for letters of administration with the will annexed, which means the estate still passes according to the will, but an administrator rather than an executor carries it out (HM Courts and Tribunals Service, gov.uk, accessed June 2026).

How the holders are chosen

The way the person in charge is selected is the clearest practical difference. An executor is chosen by the deceased, named in the will, and derives their authority from that appointment. They can usually begin some tasks straight away, although the grant of probate confirms their authority formally (HM Courts and Tribunals Service, gov.uk, accessed June 2026).

An administrator is not chosen by the deceased. Instead, the law sets an order of priority based on relationship: the surviving spouse or civil partner first, then children, then parents, then siblings, and then more distant relatives (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Generally only someone entitled to inherit can apply. An administrator's authority comes from the grant itself rather than from any appointment, so an administrator should usually wait for the grant before acting. This difference reflects the fact that, with a will, the deceased has expressed a choice, while without one the law fills the gap.

What the two have in common

Despite the different names and routes, the two grants share a great deal. Both give the same legal authority to deal with the estate, both are applied for through HM Courts and Tribunals Service, and both carry the same application fee of £300 for estates valued above £5,000, with no fee at or below £5,000 (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Additional sealed copies cost £16 each for either grant.

The duties that follow are also the same. Whether executor or administrator, the personal representative must value the estate, deal with any inheritance tax, pay debts, and distribute what remains, and both can be personally liable for mistakes (Administration of Estates Act 1925, legislation.gov.uk). The inheritance tax steps, including the IHT400 route and the unique code from HMRC for taxable estates, apply to both. In short, the grants differ mainly in who holds them and why, not in what the holder then has to do.

How this connects to wills and probate

The choice between the two grants is decided by whether there is a valid will naming an available executor. Where there is, the executor follows the process for applying for probate. Where there is not, the next of kin uses the letters of administration route, and the estate is shared out under the intestacy rules.

This is another reason a clear, up-to-date will matters. A will that names a willing and capable executor leads to the simpler grant of probate route, with the estate passing as the deceased intended. The absence of a will, or of an available executor, pushes the estate into the administration route, where the law decides both who acts and who inherits. The two grants are the point at which the presence or absence of a will translates into a different process.

When to use a solicitor versus doing it yourself

For a simple estate, whether it needs a grant of probate or letters of administration, the personal representative can usually apply directly through the HMCTS online service at the cost of the court fee (HM Courts and Tribunals Service, gov.uk, accessed June 2026).

Professional help becomes more valuable as complexity rises, for either grant. Inheritance tax, business or overseas assets, disputes about the will, uncertainty about who has priority to apply, or the need to trace relatives all point toward advice. Because both executors and administrators can be personally liable, a solicitor can reduce the risk in difficult estates. The Law Society and the Solicitors Regulation Authority maintain registers of authorised solicitors (lawsociety.org.uk and sra.org.uk, accessed June 2026). The decision depends on the estate's complexity rather than on which grant is needed.

FAQ: grant of probate versus letters of administration

What is the difference between a grant of probate and letters of administration?

A grant of probate is issued to an executor named in a valid will, while letters of administration are issued where there is no valid will or no available executor, to an administrator chosen by an order of priority (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Both give the same authority to deal with the estate; the difference is in how the person in charge is chosen.

Which one do I need?

If there is a valid will naming an executor who can act, that executor applies for a grant of probate. If there is no will, the next of kin applies for letters of administration (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Where there is a will but no available executor, letters of administration with the will annexed are used, and the estate still passes according to the will.

Do they cost the same?

Yes. Both grants carry the same application fee of £300 for estates valued above £5,000, and there is no fee for estates at or below £5,000 (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Additional sealed copies cost £16 each for either grant, and help with the fee is available for those on low incomes or certain benefits.

What is letters of administration with the will annexed?

This is the grant used where there is a valid will, but the named executors have died or are unable or unwilling to act and no replacement is available (HM Courts and Tribunals Service, gov.uk, accessed June 2026). An administrator is appointed instead of an executor, but the estate still passes according to the will rather than under the intestacy rules.

Do executors and administrators have the same duties?

Largely yes. Both must value the estate, deal with inheritance tax, pay debts, and distribute what remains, and both can be personally liable for mistakes (Administration of Estates Act 1925, legislation.gov.uk). The main difference is that an executor is chosen by the deceased and can begin some tasks before the grant, while an administrator should usually wait for the grant before acting.