Process · 5 min read
Grant of probate vs letters of administration
Both documents do the same job: they prove to banks, registrars and buyers that you have authority to deal with the estate. Which one you get depends on whether there is a valid will naming an executor who is able to act.
| Grant of probate | Letters of administration | |
|---|---|---|
| When | Valid will naming an executor who can act | No will, or no executor able to act |
| Who applies | The executor named in the will | The closest relative, in the statutory order |
| Form | PA1P | PA1A |
| Who inherits | As set out in the will | Under the intestacy rules |
| Authority starts | From the date of death | From the date the grant is issued |
The order of entitlement where there is no will
Only certain relatives may apply, and they rank in a fixed order. A person lower down the list can only apply if everyone above them has died or renounced.
- Surviving spouse or civil partner
- Children (or their children, if a child has died)
- Parents
- Brothers and sisters (or their children)
- Grandparents
- Uncles and aunts (or their children)
Unmarried partners do not inherit under intestacy
A long-term partner who was never married or in a civil partnership has no automatic entitlement, however long the relationship lasted. They may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which is a matter for a solicitor.Letters of administration with will annexed
A third variant. There is a valid will, but no executor able or willing to act — perhaps they have died, or renounced. A beneficiary then applies for letters of administration with the will annexed. The will still governs who inherits.
Renouncing as executor
A named executor who does not want the role can renounce, provided they have not already started dealing with the estate. Alternatively they can reserve power, stepping back but keeping the option to act later. Once you have begun to administer the estate, renouncing is no longer straightforward.
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All guidesGeneral information only, not legal or tax advice. Last checked 2026-08-13.