When someone dies, whoever takes on the task of dealing with their estate needs legal authority to do so. Banks won’t release funds, the Land Registry won’t transfer property, and pension trustees won’t pay out without it. That authority comes in the form of a legal document issued by the Probate Registry, and which document depends on whether the person left a will and whether an executor is available to act.
Two documents serve this purpose: a grant of probate and letters of administration. They carry identical legal weight and both go through the same Probate Registry process. The difference is the circumstances that trigger each one.
This guide explains what each document is, helps you work out which applies to you, and covers the application process, costs, and timelines.
The short answer
| Situation | Document issued | Person dealing with estate |
|---|---|---|
| Valid will naming an executor who is able and willing to act | Grant of probate | Executor |
| No will (intestacy) | Letters of administration | Administrator |
| Will exists, but no executor can or will act | Letters of administration with will annexed | Administrator |
All three documents give the holder the same legal powers to administer an estate. The route to obtaining them differs slightly; the authority they confer does not.
What is a grant of probate?
A grant of probate is a document issued by the Probate Registry that confirms the legal right of a named executor to deal with the deceased’s estate. It applies when the deceased left a valid will that names at least one executor who is able and willing to take on the role.
The grant does two things. It confirms the will is valid (the court has reviewed it and is satisfied). It also confirms the executor’s authority, so that banks, the Land Registry, HM Revenue & Customs, and other institutions will act on their instructions.
The executor’s powers come from the will itself, not from the grant. In law, an executor’s authority exists from the moment of death. But in practice, no institution will release assets until they see the grant, so the application is necessary even though the executor is already appointed.
Once granted, the executor can:
- Open and operate an estate bank account
- Sell or transfer property
- Close accounts and collect what’s owed to the estate
- Pay debts, taxes, and administration expenses
- Distribute the remaining estate to the beneficiaries named in the will
The original will becomes a public document once submitted to the Probate Registry. Anyone can request a copy after the grant is issued.
Source: gov.uk – Applying for probate: if there is a will (verified April 2026)
What are letters of administration?
Letters of administration are issued by the Probate Registry when there is no valid will, or when a will exists but no executor is available. They give a named administrator the same legal authority that a grant of probate gives an executor.
Unlike an executor, an administrator has no prior appointment. They have no authority until the court issues the grant. This means the period between the death and the grant being issued is stricter for administrators: nothing can be done with the estate’s financial assets until letters of administration are in hand.
Once granted, an administrator has the same powers as an executor: collecting assets, paying debts, selling property, and distributing the estate. The key difference is how the estate must be distributed. Without a will, the administrator must follow intestacy rules, the statutory scheme set out in the Administration of Estates Act 1925, rather than the deceased’s expressed wishes.
Letters of administration with will annexed
A variant arises when a will exists but there is no executor available to act. This is called letters of administration with will annexed (sometimes written in Latin as “cum testamento annexo”). It can happen when:
- The named executor has died
- Every named executor has renounced their appointment
- The named executor lacks mental capacity to act
- The will fails to name an executor at all
In this case, a beneficiary – usually the main beneficiary – applies for the grant using form PA1P (the same form used for a standard grant of probate). The estate is still distributed according to the will; the difference is that an administrator is running the process rather than a court-appointed executor.
Sources: gov.uk – Applying for probate: if there is not a will; Non-Contentious Probate Rules 1987, Rule 22 (verified April 2026)
Which document do you need?
Work through these questions to identify your situation:
Did the deceased leave a valid will?
If yes, and the will names at least one executor who is alive, has mental capacity, and is willing to act: you need a grant of probate. The executor named in the will applies.
If yes, but no executor named in the will is available – because they have all died, renounced, or lack capacity – you need letters of administration with will annexed. A beneficiary (usually the main residuary beneficiary) applies.
If there is no will: you need letters of administration. The closest living relative applies, following a set order of priority.
Not sure whether the deceased left a will?
Check with the deceased’s solicitor, their bank, and any safe or filing cabinet at home. You can also search the National Will Register (certainty.co.uk). The Probate Registry can also search its records on request.
Who can apply
For a grant of probate
Any executor named in the will – or in a codicil to the will – can apply. Up to four executors can be named on a single application. If multiple executors are named, they must all agree on who applies (or apply jointly). If an executor does not want the role, they can formally renounce using form PA15.
The applicant must be 18 or older. An executor who is a minor cannot take the grant until they reach 18; another executor or a court-appointed administrator would act in the meantime.
For letters of administration
When there is no will, the right to apply follows a strict priority order set by the Non-Contentious Probate Rules 1987 and the Administration of Estates Act 1925:
- Surviving spouse or civil partner
- Children (including legally adopted children, but not stepchildren unless formally adopted)
- Parents
- Brothers and sisters of the whole blood (or their children if they have died)
- Brothers and sisters of the half blood (or their children if they have died)
- Grandparents
- Aunts and uncles of the whole blood (or their children if they have died)
- Aunts and uncles of the half blood (or their children if they have died)
- The Crown (or the Duchy of Lancaster or Duchy of Cornwall in some areas)
All people in a higher category must be unable or unwilling to act before the right passes to the next category. If two people have equal priority – say, three adult children – they can apply jointly (up to four administrators), or one can apply with the others consenting.
Unmarried partners cannot apply, regardless of the length of the relationship or any financial dependency. This is one of the starkest consequences of dying without a will. If you are in this position, you will need to navigate the intestacy rules carefully. See our guide to intestacy rules for more detail.
Source: Non-Contentious Probate Rules 1987, Rule 22; gov.uk – Applying for probate (verified April 2026)
The application process
The process for both grants runs through the HMCTS Probate Registry and follows the same steps. The main practical difference is the form you use and the documents required.
Step 1: Establish the estate value
Before applying, you need to value the estate – all assets minus all liabilities. You’ll need this to determine whether inheritance tax is owed and to complete the probate application accurately.
For most estates, you fill in form IHT205 (for excepted estates below the IHT threshold). If inheritance tax is owed, you’ll use form IHT400 and must start paying the tax before the Probate Registry will issue a grant.
Step 2: Gather your documents
For a grant of probate (with a will):
- The original will and any codicils (photocopies are not accepted)
- Form PA1P (the probate application form)
- The original death certificate (or a certified copy)
- IHT205 or IHT400 as appropriate
For letters of administration (no will):
- Form PA1A (the letters of administration application form)
- The original death certificate
- IHT205 or IHT400 as appropriate
- No will is submitted (because there isn’t one)
For letters of administration with will annexed:
- The original will
- Form PA1P
- Death certificate
- Evidence of why the named executor cannot act (e.g. a copy of their death certificate, or a completed renunciation form PA15)
Step 3: Apply online or by post
Online applications are processed faster and are the recommended route. Go to the HMCTS probate service. Paper applications can be sent to the HMCTS Probate Registry, but take considerably longer.
Step 4: Pay the fee
The application fee is:
- £300 for estates worth over £5,000
- Free for estates of £5,000 or less
Additional official copies of the grant cost £16 each. Most institutions require a sealed copy rather than a photocopy, so order several at the time of application; getting them later costs more.
If you’re on a low income or certain benefits, you can apply for fee remission using form EX160 or the online fee help service.
Source: gov.uk – Applying for probate: fees (verified April 2026)
Step 5: Receive the grant
Once the Probate Registry is satisfied, it issues the grant. You’ll receive the sealed grant document and however many official copies you ordered.
How long does it take?
The Probate Registry aims to process most applications within 12 weeks of submission, though straightforward applications submitted online and without errors often complete faster – sometimes in 4 to 6 weeks.
Processing times are broadly the same for both grants. Letters of administration can take slightly longer in complex cases because the Probate Registry may need to be satisfied about the priority order and that no eligible person with higher priority is being overlooked.
Applications that are incomplete, contain errors, or require additional information are stopped and sent to the back of the queue. HMCTS data suggests more than a third of applications are stopped for this reason. Getting the forms right first time makes the most significant difference to how quickly the grant is issued.
If the estate is urgent – for example, a property sale is underway – you can contact the Probate Registry at 0300 303 0648 to explain the circumstances. Expedited handling is possible in some cases.
Key differences: a summary
| Grant of probate | Letters of administration | |
|---|---|---|
| When issued | Valid will with executor available | No will, or will with no available executor |
| Who applies | Executor named in the will | Closest living relative (in priority order) |
| Application form | PA1P | PA1A (or PA1P for admin with will annexed) |
| Authority before grant | Executor has theoretical authority from death, but institutions require the grant | Administrator has no authority until grant is issued |
| How estate is distributed | According to the will | According to intestacy rules (or the will, for admin with will annexed) |
| Fee | £300 for estates over £5,000 | £300 for estates over £5,000 |
| Typical timeline | 4–12 weeks | 4–12 weeks |
Common questions
Does it matter which document I get – do they have different powers?
No. Once issued, both documents give the holder identical legal authority. A letters of administration document carries the same weight with banks, the Land Registry, and any other institution as a grant of probate. The difference is the process to obtain them and how the estate must be distributed.
What if I find a will after letters of administration have been issued?
This is more common than people expect. If a will surfaces after letters of administration have been granted, the administrator must stop dealing with the estate and the matter becomes more complicated. The court may need to revoke the letters of administration and issue a grant of probate to the executor instead. Take legal advice immediately.
Can I apply for letters of administration if I was living with the deceased but we weren’t married?
No. Unmarried partners – regardless of how long the relationship lasted – have no automatic right to apply and no entitlement under intestacy rules. You would need to apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975 if you believe you have a claim on the estate. This requires a solicitor.
Do both types of grant become public records?
Yes. Once a grant of probate or letters of administration is issued, it becomes a public document. Anyone can apply to the Probate Registry to see a copy. The will (if there is one) also becomes public when a grant of probate is issued. Letters of administration do not make a will public, because there is no will.
Is a grant always required?
Not always. For small estates, jointly held assets, or certain accounts with named beneficiaries, you may be able to deal with assets without a grant. See our guide to whether you need probate for the full picture.
Can I apply without a solicitor?
Yes. The HMCTS online probate service is designed for self-represented applicants, and many people complete both types of application without professional help. A solicitor is worth considering if the estate is large, there are disputes about who should administer it, or inheritance tax is complex.
Related guides
- How to apply for probate – step-by-step walkthrough of the application process
- Letters of administration – a detailed guide for intestate estates
- Do I need probate? – when a grant is and isn’t required
- Probate registry – how the HMCTS Probate Registry works
- Intestacy rules – who inherits when there’s no will
Sources: gov.uk – Applying for probate (verified April 2026); gov.uk – Applying for probate: fees (verified April 2026); Non-Contentious Probate Rules 1987; Administration of Estates Act 1925; gov.uk – Give up probate executor rights (PA15)