A legal process that validates the authenticity of a Will and grants legal authority to the Executor named in the Will to administer the estate:

 

Aspect

Probate

Letter of Administration

Definition

A legal process that validates the authenticity of a Will and grants legal authority to the Executor named in the Will to administer the estate.

A legal document issued by the court when the deceased did not leave behind a valid Will (intestate). It grants authority to an Administrator appointed by the court to manage the estate.

Applicability

Necessary when the deceased left behind a valid Will. It is primarily required to manage and distribute assets as per the Testator's wishes.

Required when the deceased did not leave a Will, to authorise someone to oversee the distribution of assets according to the laws of intestate succession.

Role of Executor/Administrator

The Executor, designated in the Will, plays a pivotal role in the Probate process, ensuring that the terms of the Will are carried out accurately.

The Administrator, appointed by the court, assumes the responsibilities that would typically be held by an Executor in the Probate process.

Read Also: Key Functions of Probate Registry in Handling Estate Matters?