The difference between Probate and Letters of Administration depends on the fact of whether the deceased left a valid Will with an Executor, who is able to act, or whether the deceased left a valid Will with no Executor, able to act or left no Will at all.
Probate is issued by the Court to the executor or executors named in the Will of the person who has passed away.
Letters of Administration is a grant by the Court to a person other than a named executor or executors such as a close relation of the person who passed away.
Typically Letters of Administration will be issued by the Court when someone dies without a Will.
There can also be cases where Letters of Administration is granted when there is a Will but someone other than the named executor or executors apply to the Court to be granted administration.
In these cases, if a grant is made that person is referred to as the ‘administrator’ and not the ‘executor’.
Applying for Letters of Administration can be more time consuming and costly than applying for a Grant of Probate, as it involves more information being provided to the Court. This is why, it is so important to seek expert legal advice on your Will which can include ensuring that you name more than one Executor, so that your Estate will not be subject to a Grant of Letters of Administration.
If you have any questions or wish to discuss a particular matter please contact our office on (02) 9633 1826 or email reception@mcauleylawyers.com.au.
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