What’s the difference between probate and letters of administration?

Probate Used when there is a valid Will and executors are applying for legal authority. Letters of Administration Used when there is no Will or the named executors cannot or do not wish to act. The processes are similar, but the type of legal document granted differs. If there are disputes over who should act as executor or administrator, our Inheritance Disputes team can help resolve the matter efficiently.

What is the difference between an executor and administrator of an estate?

Executors are appointed under a Will and will need to obtain a grant of probate, whereas administrators are appointed in line with the rules of intestacy when there is no Will.

When is probate required?

If the deceased owned a property in their sole name or as tenants-in-common, or held assets with financial institutions typically worth £5,000 or more although some banks and building societies increase their individual thresholds. Probate enables them to close bank accounts, sell shares and sign sale contracts or transfer documents for property.

How long does it take to get probate?

Once the value of the assets and liabilities of the estate are known, the application for probate can be made. If the estate only requires the shorter IHT205 HMRC form, it can be sent direct to the probate court and the grant is usually issued in 3-4 weeks, although there may be delays. If the full IHT400 HMRC form is required, this together with any initial Inheritance Tax due must be sent to HMRC first and a receipt obtained which can add a further 4-5 weeks onto the timescale.

Can I apply for probate without a solicitor?

Yes, but many people choose to use a solicitor to ensure the process runs smoothly, deadlines are met, and all tax and legal obligations are correctly handled.

When does the administration period of an estate end?

The administration period takes place from the date of the individual’s death and ends once all assets have been distributed, and everything has been paid out.

Do I need letters of administration for a small estate?

Generally speaking, if an estate is valued at below £5,000, letters of administration and a grant of probate aren’t normally needed. Whether a court issued document is required will depend on whether the deceased’s banks or asset holders request sight of the document.

Can an administrator of an estate be a beneficiary?

Yes, the administrator of an estate can also be a beneficiary and this is often a common occurrence. This usually happens when the administrator is a close relative like a spouse or child.

Can a personal representative of an estate sell property?

Yes, but this is usually granted by a grant of probate or grant of letters of administration.

Can there be more than one administrator of an estate?

Only one administrator of estate is required but up to four people can be appointed.

How to be appointed as the administrator of an estate

Whether you can be appointed as the Administrator of an estate will depend on your relation to the deceased. The following people are most likely to be appointed as the administrator of estate: Spouses or civil partners Children aged 18 or over Grandchildren Parents Siblings Nephews and nieces Other relatives The process you will need to follow will largely depend on the circumstances at the date of death and the rules in force, in most cases you will need to: Speak to a probate specialist about the valuation and details of the estate Complete various forms Provide relevant documents, such as the official death certificate, inheritance forms and application fee Most applications are submitted online but certain applications where the circumstances are more complex will need to be sent to the courts in the post If your application is approved you will receive your grant of letters of administration in the post within 14 – 16 weeks

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Probate and estate administration

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Our expert estate administration solicitors are here to guide you through every step of the estate distribution process, providing clear and compassionate support. Whether you’re managing a straightforward estate or one involving multiple properties, Trusts, or overseas assets, we’re here to make the process as smooth as possible. Our team can take care of the entire probate process or assist you with specific tasks, depending on your preferences. We handle all necessary legal paperwork, including submitting probate applications and Inheritance Tax forms, ensuring compliance and correct tax payment.

If your loved one died without a Will, our probate specialists can provide tailored advice to help you apply for letters of administration and administer the estate smoothly.

Our experienced team is ranked in the 2025 edition of the Chambers High Net Worth Guide and the Legal 500.

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What services do our probate and estate administration solicitors offer?

Losing someone close is a difficult and emotional time and our dedicated team understands that no two estates are the same. Once we’ve spoken with you and understand the work involved, we’ll recommend the most appropriate level of support and provide a clear plan, along with a fee estimate in advance.

As we advise on probate and estate administration matters every day, we are well equipped to deal with a wide range of scenarios from straightforward estates to those with more complex legal or tax considerations. We work efficiently to ensure the estate progresses smoothly and without unnecessary delay.

For more in-depth guidance, see our 'Detailed guide to probate'.

Further information

What happens to an estate with a Will? >

What happens to an estate when there is no Will? >

What is a personal representative? >

What is the personal representative of an estate responsible for? >

Capital Gains Tax >

Why choose Wright Hassall? >

What happens to an estate with a Will?

When an individual dies and has a Will, their estate will be distributed according to their wishes. The executors will be named in the Will and will be required to administer the estate in line with the terms of the Will. Executors can be a close relative, someone you have known and trusted for a long time or a professional, like a solicitor.

The role of executors

Before executors can act, they will usually need a grant of probate, which confirms their legal authority to:

Collect assets
Pay debts and taxes
Distribute the estate in line with the Will’s instructions

For advice on preparing or updating your Will to ensure your wishes are followed, visit our Wills and tax planning page.

What happens to an estate if there is no Will?

When there is no Will, the person is said to have died intestate, and their estate is administered according to the rules of intestacy. This means that a complex set of rules will decide who is allowed to administer the deceased’s estate and who inherits it.

The first £322,000 of the estate will be inherited by the deceased’s spouse and the remainder of the estate will be distributed to children, grandchildren or great grandchildren. If the person has no living relatives, the estate will go to the Government or the Crown.

Who can apply for letters of administration?

A close family member can apply for letters of administration to become the estate’s administrator. The estate is then distributed according to the rules of intestacy.

What is a personal representative?

A personal representative is legally responsible for dealing with the estate.

Executors vs administrators

Executor: Named in the Will to carry out the deceased’s wishes
Administrator: Appointed when there is no Will or no executor able to act

Both roles carry the same legal responsibilities.

What is the personal representative of an estate responsible for?

The personal representative of an estate is responsible for the deceased person's assets, this could include their money, property and possessions. They will be responsible from the moment the Court grants them the relevant authority until all assets have been distributed to the beneficiaries.

Key responsibilities include:

Identifying and valuing assets and liabilities
Applying for probate or letters of administration
Paying inheritance tax and other debts
Distributing the estate to beneficiaries

They must always act in the best interests of the estate and its beneficiaries.

Will the estate have to pay Capital Gains Tax?

Capital Gains Tax (CGT) may need to be paid if you sell shares, investments or property that belong to the estate. This will depend on whether:

They have gone up in value since the individual's death
They’ve gone up in value since being valued for Inheritance Tax

Why choose Wright Hassall for probate and estate administration?

We understand that dealing with probate or estate administration can feel overwhelming, particularly when emotions are high.

Our specialist solicitors combine technical expertise with a sensitive, pragmatic approach, guiding you through each step and ensuring your legal obligations are met.

We are ranked in the Chambers High Net Worth Guide and the Legal 500 for our expertise in estate matters, acting for individuals, families and professional executors.

Whether you want us to handle the full process or assist with specific tasks, we focus on efficiency, clarity, and minimising stress so you can focus on what matters most.

Pricing transparency

Wright Hassall offer a range of fixed fee and time-based services depending on the activities required.

Pricing transparency

SEE OUR PROBATE AND ESTATE ADMINISTRATION FEES

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FAQs

What’s the difference between probate and letters of administration?

Probate

Used when there is a valid Will and executors are applying for legal authority.

Letters of Administration

Used when there is no Will or the named executors cannot or do not wish to act.

The processes are similar, but the type of legal document granted differs.

If there are disputes over who should act as executor or administrator, our Inheritance Disputes team can help resolve the matter efficiently.
What is the difference between an executor and administrator of an estate?

Executors are appointed under a Will and will need to obtain a grant of probate, whereas administrators are appointed in line with the rules of intestacy when there is no Will.
When is probate required?

If the deceased owned a property in their sole name or as tenants-in-common, or held assets with financial institutions typically worth £5,000 or more although some banks and building societies increase their individual thresholds. Probate enables them to close bank accounts, sell shares and sign sale contracts or transfer documents for property.
How long does it take to get probate?

Once the value of the assets and liabilities of the estate are known, the application for probate can be made. If the estate only requires the shorter IHT205 HMRC form, it can be sent direct to the probate court and the grant is usually issued in 3-4 weeks, although there may be delays. If the full IHT400 HMRC form is required, this together with any initial Inheritance Tax due must be sent to HMRC first and a receipt obtained which can add a further 4-5 weeks onto the timescale.
Can I apply for probate without a solicitor?

Yes, but many people choose to use a solicitor to ensure the process runs smoothly, deadlines are met, and all tax and legal obligations are correctly handled.
When does the administration period of an estate end?

The administration period takes place from the date of the individual’s death and ends once all assets have been distributed, and everything has been paid out.
Do I need letters of administration for a small estate?

Generally speaking, if an estate is valued at below £5,000, letters of administration and a grant of probate aren’t normally needed. Whether a court issued document is required will depend on whether the deceased’s banks or asset holders request sight of the document.
Can an administrator of an estate be a beneficiary?

Yes, the administrator of an estate can also be a beneficiary and this is often a common occurrence. This usually happens when the administrator is a close relative like a spouse or child.
Can a personal representative of an estate sell property?

Yes, but this is usually granted by a grant of probate or grant of letters of administration.
Can there be more than one administrator of an estate?

Only one administrator of estate is required but up to four people can be appointed.
How to be appointed as the administrator of an estate
Whether you can be appointed as the Administrator of an estate will depend on your relation to the deceased. The following people are most likely to be appointed as the administrator of estate:
- Spouses or civil partners
- Children aged 18 or over
- Grandchildren
- Parents
- Siblings
- Nephews and nieces
- Other relatives
The process you will need to follow will largely depend on the circumstances at the date of death and the rules in force, in most cases you will need to:
- Speak to a probate specialist about the valuation and details of the estate
- Complete various forms
- Provide relevant documents, such as the official death certificate, inheritance forms and application fee
- Most applications are submitted online but certain applications where the circumstances are more complex will need to be sent to the courts in the post
- If your application is approved you will receive your grant of letters of administration in the post within 14 – 16 weeks

Contact us

Name *

Email address *

Telephone number *

Details of your situation

Is there a Will or Grant or Probate?

Value of estate/trust if known?

Richard Dundee

Key contact

Richard specialises in non-contentious Trust and Estate Administration matters.

Phone

01926880748

Email Address

richard.dundee@wrighthassall.co.uk

Meet the team

Wright Hassall are knowledgeable, skilled and confident lawyers who are working incredibly hard for their clients.

Chambers & Partners High Net Worth 2024