Probate vs letters of administration
Updated 20 August 2026 · 5 minute read
People use "probate" loosely for both, but the Supreme Court issues two different grants — and which one you need is decided entirely by whether there's a valid will naming an executor who can act.
The one-line difference
Probate: there's a valid will, and the executor named in it applies. Letters of administration: there's no will — or no executor able and willing to act — so the court appoints an administrator, usually the closest next of kin.
| Grant of probate | Letters of administration | |
|---|---|---|
| Is there a valid will? | Yes | No (or no executor able to act) |
| Who applies | The executor named in the will | Next of kin by priority (spouse first) |
| Who inherits | Whoever the will says | Set by intestacy rules — see who inherits |
| Court fees | Identical — same fee schedule in every state | |
| Extra paperwork | Usually less | More affidavits: proof of relationships, searches for a will, consents from equal next of kin |
| Timing | Standard | Often 1–2 weeks longer |
The hybrid: administration "with the will annexed"
If there IS a valid will but the named executor has died, lost capacity or renounces, the closest beneficiary applies for letters of administration with the will annexed. The will still controls who inherits — only the person driving the process changes.
Once granted, both documents do the same job. Banks and the titles office treat a grant of administration exactly as they treat probate.
Which do you need?
- Valid will, executor alive and willing → apply for probate
- Valid will, but no executor able to act → administration with the will annexed
- No will at all → letters of administration
- Not sure the estate needs a grant at all → run the 60-second check first
Rather hand this to someone?
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Get fixed-fee probate quotesThe will is old and doesn't mention newer assets — is it still valid?
Usually yes. A valid will covers everything owned at death unless it was revoked. Assets not specifically mentioned fall into the residue clause.
We found a will but the witnesses are dead — problem?
Usually not. A properly signed and witnessed will doesn't need living witnesses. Irregular-looking documents may need extra affidavit evidence.
Can I apply for probate if I'm one of two executors?
Yes — executors can apply jointly, or one can apply with 'leave reserved' for the other to join later.
Sources
- Probate and Administration Act 1898 (NSW) and state equivalents
- Hall & Wilcox — grants of representation in Australia