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Probate vs Letters of Administration vs Small Estates

How a deceased estate is administered depends on whether there is a will and the value of the estate. This comparison shows the three routes.

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FeatureGrant of ProbateLetters of AdministrationSmall Estates
When it appliesThere is a valid willNo will (intestacy) OR will is invalidEstate value below institution thresholds (typically £5,000-£50,000)
Who appliesExecutor named in willNext-of-kin in order of priorityPersonal representative
Court fee£300 (waived if estate under £5,000)£300 (waived if estate under £5,000)Usually no court application needed
Time to grant8-16 weeks typical8-16 weeks typicalImmediate (individual institutions decide)
Distribution rulePer the willPer the Administration of Estates Act 1925 intestacy rulesPer the will if any, otherwise intestacy
When grant of representation is neededAlways required for assets over institution thresholdsAlways required for assets over institution thresholdsEach institution sets its own threshold (banks £5k-£50k; National Savings £5k)
IHT considerationsPay any IHT before/during applicationPay any IHT before/during applicationIHT considered but smaller estates usually under threshold
Personal liabilityExecutor liable for proper administrationAdministrator liable for proper administrationPersonal representative still liable

For each asset, contact the institution directly first to ask what threshold applies. Many banks and pensions allow release without a grant for amounts up to £15,000-£50,000 if the rest of the estate is also small. Always notify HMRC and complete Form IHT400 if relevant.

Related guides

Grant of Probate: The Probate Process Explained

A Grant of Probate is the legal document issued by the Probate Registry that confirms the executor's authority to deal with the deceased person's estate. Most financial institutions and land registries require a Grant of Probate before releasing assets. This guide explains when you need probate, how to apply, what it costs, and what happens during estate administration.

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Intestacy Rules: Who Inherits If There Is No Will

When someone dies without a valid will — or with a will that does not dispose of all their assets — the intestacy rules set out in the Administration of Estates Act 1925 (as amended) determine who inherits and in what proportions. Understanding these rules is important for anyone making estate planning decisions, and for families dealing with the death of a loved one who left no will.

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Making a Will

A will is the only way to ensure your assets go to the people you choose after your death. Without a valid will, the intestacy rules determine who inherits — and these may produce very different results from your wishes, particularly if you are unmarried, have stepchildren, or have a complex family situation. Making a will is one of the most important legal steps you can take.

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Inheritance Tax Basics

Inheritance tax (IHT) is charged at 40% on the value of an estate above the nil-rate band threshold. With careful planning — using available exemptions, reliefs, and lifetime gifting — many families can significantly reduce or eliminate their IHT liability. This guide explains the key rules and the main planning opportunities available.

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Statutory Legacy: When Someone Dies Without a Will

Around 60% of UK adults die without a valid will. The Administration of Estates Act 1925 prescribes how those estates are distributed — the 'intestacy rules'. Surviving spouses take the first £322,000 (the 'statutory legacy', raised from £270,000 in July 2023) plus half the remainder. The rules can produce results that the deceased would not have wanted; this guide explains the framework and how to challenge it via the Inheritance Act 1975.

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Contesting a Will: The Five Grounds and the Court Process

Contesting a will is one of the most fact-intensive areas of civil litigation. There are five established grounds for invalidating a will, each with its own legal test and evidential requirements. This guide explains each ground, the evidence usually needed, and the alternative route of an Inheritance Act 1975 claim where the will is valid but does not provide for you.

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Disclaimer

The information on this page was correct at the time of writing. Amounts, thresholds, and rules may change. Always check the latest official guidance.