What is the difference between Probate and Letters of Administration?

Many people ask what is the difference between ‘Probate’ and ‘Letters of Administration’?

Probate is issued by the Court to the executor or executors named in the Will of the person who has passed away.

Letters of Administration is a grant by the Court to a person other than a named executor or executors such as a close relation of the person who passed away.

Typically Letters of Administration will be issued by the Court when someone dies without a Will.

However there can also be cases where Letters of Administration is granted when there is a Will but someone other than the named executor or executors apply to the Court to be granted administration.

In such cases if a grant is made that person is referred to as the ‘administrator’ and not the ‘executor’.

If you have any questions or wish to discuss a particular matter please contact our office on (02) 9633 1826 or email reception@mcauleyhawach.com.au.

By Steve McAuley, Principal Solicitor
Accredited Specialist – Commercial Litigation
McAuley Hawach Lawyers
11 Fennell Street, Parramatta NSW 2124
Telephone: (02) 9633 1826
Web: www.mcauleyhawach.com.au
Email: reception@mcauleyhawach.com.au
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

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