- Probate is obtained where there is a Will
- Letters is obtained where there is either no Will, or a partially effective Will. See example below.
Example of Letters of Administration (with the Will): A common grant of Letters of Administration (with the Will) would be where the named executors in the Will of a deceased person aren’t able to act or have passed away. The rest of the Will is valid in form and all that is required is an Administrator to be appointed to replace the named executors in the Will.
The person who the Court appoints to administer someones estate is determined on the next of kin and family of the deceased. There is a list of persons who are entitled to apply and those that have priority over others. The Court may grant Letters to the following, in priority:
- Surviving Spouse
- Surviving children
- Surviving grandchildren or great-grandchildren
- Surviving parent/s
- Surviving sibling/s
- Surviving nephew/s or niece/s
- Surviving grandparent/s
- Surviving uncle/s or aunt/s
- Surviving first cousin/s
- Any other person the Court may appoint.