What is the difference between Probate and Letters of Administration?

Simply put, a Probate grant is an Order from the Supreme Court of Queensland that authorises a person (the Executor) to handle a deceased person’s estate as outlined in their Will. On the other hand, Letters of Administration is a similar court order given to someone not named as an Executor in the Will.

 

Probate Grant

 

The Grant of Probate attaches a copy of the Will and acts as evidence that:

1. The person has passed away.

2. A valid Will exists, appointing an Executor.

3. The Executor is the designated person to manage the deceased’s estate.

 

Letters of Administration

 

Letters of Administration is a Court order given when:

1. There is no Will or

2. If there is a Will, there is no named Executor in it; or

3. When the appointed Executor/s cannot act or is unwilling to act.

 

If there’s a Will, a copy of it is attached. Without a Will, the grant is known as Letters of Administration on intestacy, requiring court approval to appoint an Administrator.

 

Who can apply for Letters of Administration on intestacy?

 

Typically, the person set to inherit the most from the estate applies as the administrator. This is often the closest living relative to the deceased. The Court usually grants Letters of Administration to the spouse, children, next of kin, a Trustee or guardian, or another suitable person as the Court deems.

 

How long do Letters of Administration (QLD) take?

 

To apply for Letters of Administration in Queensland, it can take six to eight weeks from when the application is filed in the Court.

 

Before the application is filed in the Court, there needs to be proper notification to the world and the Public Trustee of Queensland. This ensures the right person is being appointed.

 

Grants of Representation

 

You may hear the phrase “Grants of Representation”. This just refers to Probate and Letters of Administration collectively. They identify the estate’s legal representative and who has been approved by the Supreme Court of Queensland to manage the estate.

 

Professional Assistance

Our probate lawyers can assist in all aspects of Estate Administration. Whether it’s applying for Probate or Letters of Administration, we’re here to help. Please contact us to find out how we can help you today.