Probate vs. Letters of Administration: What Is The Difference?

When a loved one passes away, one of the key legal processes that follow is the administration of their estate. However, the terms probate and letters of administration often cause confusion. Both are legal documents that grant authority to manage and distribute the deceased's estate but apply in different circumstances. At Szabo & Associates Solicitors, our probate and executor solicitors can help you understand the difference, which is crucial for ensuring the smooth administration of an estate in New South Wales.

What Is Probate? 

Probate is a legal process where a will is proven to be valid. If the deceased person left a valid will, their appointed executor must apply for probate to the Supreme Court of New South Wales. Once granted, the executor has the legal authority to manage the deceased person's estate, including selling assets, paying debts, and distributing the remaining assets to beneficiaries.

What Are Letters of Administration? 

The Supreme Court of NSW grants letters of administration when a person dies intestate. In this case, an administrator is appointed to manage the deceased's estate. The administrator is usually a close family member, such as a spouse or child.

Key Differences Between Probate and Letters of Administration 

• Existence of a will: Probate is granted when there is a valid will and an appointed executor. Letters of administration are issued when there is no will or the executor named in the will cannot act.
• Appointed person: With probate, the executor named in the will is given the authority to administer the estate. With letters of administration, the court appoints an administrator to manage the estate, following the laws of intestate succession if there is no will.
• Estate distribution: Probate follows the wishes of the deceased as outlined in their will, while letters of administration lead to distribution according to the intestacy laws.
• Process time: Probate can be quicker if the will is straightforward, while letters of administration generally take longer due to the court appointment process.

Why It Matters 

Understanding whether you need probate or letters of administration is vital to navigating the estate administration process. If you are named as an executor in a will, applying for probate is the first step to ensuring the estate is distributed according to the deceased's wishes. If no will exists, obtaining letters of administration is the next step to settle the estate legally. At Szabo & Associates Solicitors, we can guide you through the probate and letters of administration processes to ensure the smooth and legal handling of your loved one's estate. If you are facing the challenges of estate administration, contact us for professional advice and assistance.

Szabo & Associates Solicitors Can Help You Through This Challenging Time 

By understanding the differences between probate and letters of administration, you can make informed decisions about how to handle your loved one's estate. If you need assistance with this process, consult our qualified probate lawyers in NSW. We are committed to providing compassionate and proficient legal advice to help you through this difficult time.