Grant of Probate vs Letters of Administration: What Is the Difference?

The Short Answer

If the person who died left a valid will, the executor applies for a Grant of Probate.

If there is no will, the next of kin applies for Letters of Administration.

Both documents do the same job: they give someone the legal authority to access bank accounts, sell property, and distribute the estate. The difference is simply which one you apply for, depending on whether a will exists.

What Is a Grant of Probate?

A Grant of Probate is a legal document issued by the Probate Registry that confirms the executor named in a will has the authority to deal with the deceased person's estate.

The executor is the person chosen by the deceased (in their will) to carry out their wishes - paying debts, distributing assets, and managing the administration.

Once the Grant of Probate is issued, banks, building societies, Land Registry, and other organisations will recognise the executor's authority to act.

Who Can Apply?

Only the executor or executors named in the will can apply for a Grant of Probate. If the named executor is unable or unwilling to act, they can formally renounce the role, and another person may apply instead.

What Are Letters of Administration?

Letters of Administration serve the same purpose as a Grant of Probate, but they apply when someone dies without a valid will (known as dying intestate).

Because there is no will, there is no named executor. Instead, the Probate Registry appoints an administrator from the deceased person's closest relatives, following a set order of priority.

The Order of Priority for Administrators

The rules of intestacy set out who can apply, in this order:

Priority	Who Can Apply
1	Spouse or civil partner
2	Children (over 18)
3	Parents
4	Siblings (full blood)
5	Half-siblings
6	Grandparents
7	Aunts and uncles (full blood)
8	Half-aunts and half-uncles

If no relatives can be found, the estate passes to the Crown (known as bona vacantia).

The administrator has essentially the same responsibilities as an executor, but must follow the rules of intestacy when distributing the estate rather than the instructions in a will.

What About Letters of Administration With Will Annexed?

There is a third option that sometimes comes up. If the person left a will but did not name an executor, or the named executor cannot act, the court can issue Letters of Administration with Will Annexed.

This means someone is appointed to administer the estate, but they must still follow the wishes set out in the will. It bridges the gap between the two main types.

How Do You Apply?

The application process is similar for both:

1. Value the estate - work out the total value of assets and debts
2. Complete the probate application form - PA1P for probate (with a will) or PA1A for administration (without a will)
3. Complete the inheritance tax form - IHT205 for estates below the threshold, or IHT400 for larger or more complex estates
4. Submit the application - online via GOV.UK or by post to the Probate Registry
5. Swear or affirm the oath - confirming the information is true
6. Receive the grant - typically within 8 to 16 weeks, though delays are common in 2026

Costs

The application fee is currently £300 if the estate is worth more than £5,000. There is no fee for estates valued at £5,000 or below. You can order additional copies of the grant for £1.50 each - it is worth getting several, as banks and other organisations will each want to see one.

When Do You Not Need Either?

Not every estate requires a Grant of Probate or Letters of Administration. You may not need one if:

• The estate is small and consists mainly of cash
• All assets were jointly held and pass automatically to the surviving owner
• Bank accounts hold relatively small amounts (some banks release funds under £5,000 to £50,000 without a grant, depending on their policy)
• The only asset is a jointly owned property that passes by survivorship

If you are unsure, contact the banks and organisations involved. They will tell you whether they need to see a grant before releasing funds.

Key Differences at a Glance

Feature	Grant of Probate	Letters of Administration
When it applies	Person left a valid will	No will exists
Who applies	Named executor	Next of kin (by priority)
Who decides distribution	The will	Rules of intestacy
Application form	PA1P	PA1A
Legal authority	Executor	Administrator
Cost	£300 (estates over £5,000)	£300 (estates over £5,000)

Executor vs Administrator: Does It Matter?

In practice, the day-to-day work is very similar. Both the executor and administrator must:

• Identify and value all assets and liabilities
• Pay any inheritance tax due
• Settle debts and expenses
• Distribute what remains to the beneficiaries or next of kin

The main difference is that an executor follows the will, while an administrator follows the intestacy rules. An administrator may also need to provide a surety bond in some cases, though this is not always required.

Getting Started

Whether you need a Grant of Probate or Letters of Administration, the first step is the same: understanding the estate. Gather documents, contact banks, identify assets and debts.

If you are navigating this process for the first time, GetPassage can help you track everything in one place - from the initial paperwork through to final distribution.

The legal language can feel intimidating, but the process itself is manageable. Thousands of people handle probate without a solicitor every year. The key is taking it one step at a time.