If you have been named as an executor, or you are a close relative of someone who died without a will, you will quickly come across two very similar-sounding legal documents: a grant of probate and letters of administration. Both give you the legal authority to deal with a deceased person’s estate, but they are issued in different circumstances and to different people. Understanding which one applies to you is the first step in working out how to proceed.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
What is a grant of probate?
A grant of probate is issued by the Probate Registry when the deceased person left a valid will that names one or more executors. The grant confirms that the will is legally valid and gives the named executors the authority to collect in the estate’s assets, pay any debts and taxes, and distribute what remains to the beneficiaries named in the will. Only the executors named in the will, or their substitutes if the original executors cannot or will not act, can apply for a grant of probate.
The application is made using form PA1P, alongside the original will and the relevant inheritance tax paperwork. Our step-by-step guide to applying for probate sets out exactly what is needed at each stage, from locating the will through to receiving the sealed grant.
What are letters of administration?
Letters of administration are issued when there is no valid will, or when a will exists but fails to name an executor who is able and willing to act. In these circumstances, the law sets out a strict order of priority for who is entitled to apply to administer the estate, starting with a surviving spouse or civil partner, then children, then parents, then siblings, and so on down the family tree under the intestacy rules.
The person who applies is called an administrator rather than an executor, and they apply using form PA1A rather than PA1P. Their powers and duties are broadly the same as an executor’s once the grant is issued, but they must distribute the estate strictly according to the intestacy rules rather than according to any informal wishes the family may know about.
A third category: letters of administration with will annexed
There is a hybrid situation that catches many families out. If a valid will exists but every named executor has died, is unable to act, or simply does not want to take on the role, the person entitled to administer the estate under the intestacy rules can still apply, but they do so for letters of administration with will annexed rather than a grant of probate. The will is still followed for distribution purposes, but the person administering it is technically an administrator, not an executor.
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Does it make any practical difference which one you have?
Once issued, a grant of probate and letters of administration carry almost identical legal weight. Banks, the Land Registry and other institutions will accept either document as proof that the person holding it has authority to deal with the estate. The practical differences lie earlier in the process: who is entitled to apply, which form is used, and whether the distribution follows the will or the intestacy rules.
The fee payable to the Probate Registry is the same regardless of which type of grant you need. You can read more about current fees on our probate process page, and the official position is always available from GOV.UK’s probate guidance.
What if more than one person could apply?
Where several people have equal standing to apply, for example two adult children of someone who died intestate, they can apply jointly, or one can apply with the others’ written consent. Disputes over who should administer an estate do happen, particularly in blended families, and in those cases a caveat can be entered at the Probate Registry to prevent a grant being issued until the disagreement is resolved.
How Curtis Legal can help
Working out which type of grant applies to your situation, and who is entitled to apply, is not always obvious, particularly where a will is ambiguous or an executor has died. Our probate solicitors deal with both grants of probate and letters of administration every week, and we can usually tell you within a short conversation which route applies to your family’s circumstances. Read more on our main probate pages, or call us for tailored advice.
Frequently Asked Questions
Is a grant of probate the same as letters of administration?
No. A grant of probate is issued to executors named in a valid will. Letters of administration are issued to administrators when there is no valid will, or no executor able to act, and the estate is distributed under the intestacy rules.
Which form do I need, PA1P or PA1A?
PA1P is for executors applying under a valid will for a grant of probate. PA1A is for administrators applying for letters of administration, either because there is no will or no executor able to act.
What is letters of administration with will annexed?
This applies where a valid will exists but no named executor can or will act. The person entitled under the intestacy rules administers the estate, but distribution still follows the will rather than the intestacy rules.
Do banks treat the two grants differently?
No. Once issued, banks, the Land Registry and other institutions treat a grant of probate and letters of administration as equally valid proof of authority to deal with the estate.
Can two people apply for letters of administration together?
Yes, where two or more people have equal entitlement under the intestacy rules they can apply jointly, or one can apply with the written consent of the others.
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📊 Get Fee EstimateIf you are not sure whether you need a grant of probate or letters of administration, please call us on 0800 214 216 for a same-day callback. We will listen to your circumstances and explain exactly which route applies to your family.
Written by Simon Jenkins, solicitor and director of Curtis Legal Limited (Simon Jenkins SRA 167489; Curtis Legal Limited SRA 450129).
