VIC Difference Between Probate and Letter of Administration?

[petermark]

What is the difference between a Probate and Letter of Administration?

There are 3 cases.

1. Probate
2. Letters of administration with the will annexed
3. Letters of administration

I was told Probate is related with a will, Letters of Administration is not related with a will, but the second case is Letters of Administration with the will annexed?

 

[Arche]

Hi Petermark,

To put it simply given the limited information and context you provided:

1. Executors apply for probate if there is a will
2. Unclear but this might apply if there is no executor available, ie the executor has died or does not want to act. Google it.
3. Someone applies for letters of administration if there is no will

 

[petermark]

Hi Petermark,

To put it simply given the limited information and context you provided:

1. Executors apply for probate if there is a will
2. Unclear but this might apply if there is no executor available, ie the executor has died or does not want to act. Google it.
3. Someone applies for letters of administration if there is no will

Thanks.

 

[Jacqui Brauman]

Probate is for a Will that is valid and has no issues.

Letters of administration with the will annexed is when there is a will, but there can be issues with it. The primary issue is that the executor named in the will is dead or doesn't have capacity.

Letters of administration on intestacy is when there's no valid will.

Jacqui
Jacqueline Brauman, Nagambie Lawyer: Book Online | LawTap

 

[petermark]

Probate is for a Will that is valid and has no issues.

Letters of administration with the will annexed is when there is a will, but there can be issues with it. The primary issue is that the executor named in the will is dead or doesn't have capacity.

Letters of administration on intestacy is when there's no valid will.

Jacqui
Jacqueline Brauman, Nagambie Lawyer: Book Online | LawTap

Thanks for your answer.