What’s the difference between a grant of probate and a grant of letters of administration?
Truth be told, the difference is more form than substance. Whether you need a grant of probate or letters of administration depends first on the question of testacy.
Testate or Intestate?
When a person dies, they may have died ‘testate’ or ‘intestate’. A person dies testate when they leave a will that meets all the requirements of the Wills and Probate Act. If a person dies without a will, or the will is not valid according to law, then they are said to have died intestate.
Grants of Representation
You need a ‘grant of representation’ to deal with a person’s assets after they die. If a person died testate, you require a grant of probate; if they died intestate, you require a grant for letters of administration. There are other more complicated scenarios where you need a grant of letters of administration with will annexed or something called a ‘de bonis non’ grant. (See this article for more info: The Importance of Succession Planning.)
Whatever grant is necessary in the particular scenario, they all do the same thing. A grant enables the person – or legal personal representative (LPR) – to distribute the assets of the deceased.
Just a little side-note: the LPR cannot just do as he pleases, there are rules on how he can distribute the assets of the deceased person, depending on testacy and intestacy. Also at the end of the process, he must give an account to the Court on his distribution.
Disclaimer: While written by attorneys, none of our articles propose to give legal advice. If you have a legal issue, you should seek advice from a qualified attorney with respect to your unique circumstances. A particular outcome can never be guaranteed – each case turns on its own facts.