Is an administrator the same as an executor?

No, although they do the same job once they have a grant. An executor is chosen by the person who died, in their will. An administrator is the person entitled under probate rules to deal with the estate when there is no executor, usually because there is no will. Both are personal representatives.

What happens if the executor named in the will has died?

GOV.UK says a substitute executor named in the will, or any other executor, can apply. If there is no other executor and no substitute, another entitled person applies instead, usually a beneficiary of the will, and the grant is letters of administration with the will annexed.

Can an unmarried partner be the administrator?

Not under the order for estates without a will. GOV.UK says you cannot apply if you were the partner of the person but not their husband, wife or civil partner when they died. A partner who lived with them as a couple for two years may be able to make an Inheritance Act claim, normally within six months of the grant.

How many executors or administrators can there be?

No more than four for the same part of the estate. If a beneficiary is under 18 or a life interest arises, letters of administration must normally go to at least two individuals or a trust corporation, unless the court decides one person is enough.

Do letters of administration cost more than probate?

The court fee is the same: £526 for an estate worth more than £5,000, and nothing for £5,000 or less. Letters of administration took longer on average in April to June 2026, according to the Ministry of Justice: about 10 weeks without a will, against about 5 weeks for probate.

Do you always need letters of administration if there is no will?

No. Each bank or other organisation decides whether it needs to see a grant. GOV.UK says probate may not be needed if the person only had savings, owned money jointly with someone who survives them, or owned property with them as joint tenants. Check with each organisation before applying.

Executor vs administrator of an estate

What is the difference between an executor and an administrator?

The difference is who chooses them. The person who died chooses an executor in their will. An administrator is not chosen by the person who died: probate rules decide who is entitled to apply, starting with the closest family. The law calls both of them personal representatives (Administration of Estates Act 1925, s.55), and GOV.UK says a personal representative is legally responsible for the estate until everything has been passed on.

Executor and administrator compared, England and Wales, checked 22 October 2026
Question	Executor	Administrator
When there is one	There is a valid will naming them.	There is no valid will, or the will names no executor who can and will act.
Who chooses them	The person who died, in the will or a codicil.	The order of priority in the Non-Contentious Probate Rules 1987.
Grant they apply for	Grant of probate.	Letters of administration, or letters of administration with the will annexed if there is a will.
Postal application form	PA1P (there is a will).	PA1A (there is no will). If there is a will, PA1P.
How many can act	Up to four for the same part of the estate (Senior Courts Act 1981, s.114).	The same limit of four, and at least two if a beneficiary is under 18 or a life interest arises, unless the court allows one.
Court fee	£526 if the estate is worth more than £5,000; no fee if £5,000 or less.	The same fee.
Stepping back	Renounce with form PA15, hold power reserved, or appoint someone with form PA11.	Appoint up to four attorneys with form PA12; a spouse or civil partner with children can give up the right with form PA16.

Forms and options are from GOV.UK's guidance on applying if there is a will and if there is not a will, and on applying by post. For the executor's role in detail, read what is an executor?

What is the difference between a grant of probate and letters of administration?

Both are grants of representation: the court document that gives someone authority to deal with the estate (Senior Courts Act 1981, s.128). Which one is issued depends on whether there is a will and whether an executor applies. GOV.UK's online service and guidance call the whole process “applying for probate”, whichever grant you need.

Types of grant in England and Wales, with mean time from application to grant in April to June 2026 (Ministry of Justice)
Grant	When it is issued	How probate records describe it	Mean time to grant
Grant of probate	There is a valid will and an executor applies.	“Probate” or “Grant and Will”	About 5 weeks
Letters of administration with the will annexed	There is a valid will but no executor applies, for example because the executor has died or renounced.	“Admon with Will” or “Grant and Will”	About 22 weeks
Letters of administration	There is no valid will.	“Administration (Admon)” or “Grant”; no will attached	About 10 weeks

The descriptions are from GOV.UK's probate records search, where anyone can order a copy of a grant, and of any will, for £16. The times are means from the Family Court Statistics Quarterly for April to June 2026, published by the Ministry of Justice on 24 September 2026; the same release says grants that were stopped took 14 weeks on average. GOV.UK says you will usually get a grant within 12 weeks of applying. More figures are on the will and probate statistics page.

Who can apply when there is a will?

The executors named in the will or a codicil apply first. If none of them can or will apply, the right passes down the order in rule 20 of the Non-Contentious Probate Rules 1987:

the executor;
a residuary beneficiary holding the residue on trust for someone else;
any other residuary beneficiary, or anyone entitled to share in residue the will does not deal with;
the personal representative of a residuary beneficiary;
any other beneficiary, or a creditor of the person who died;
the personal representative of another beneficiary or creditor.

In practice, GOV.UK says that if an executor has died and there is no substitute or other executor, any beneficiary of the will who wants to apply can do so. A residuary beneficiary whose gift is not subject to a condition is normally preferred to one whose gift depends on, for example, reaching a set age. The residue is explained in what is a residuary estate?

Who can apply when there is no will?

The person with the strongest entitlement under rule 22 of the Non-Contentious Probate Rules 1987 applies to become the administrator. The order follows people who have a beneficial interest in the estate under the intestacy rules:

the surviving husband, wife or civil partner;
the children, and the descendants of a child who died before the person;
the parents;
brothers and sisters of the whole blood, and the descendants of any who died first;
brothers and sisters of the half blood, and the descendants of any who died first;
the grandparents;
uncles and aunts of the whole blood, and the descendants of any who died first;
uncles and aunts of the half blood, and the descendants of any who died first.

If nobody in these classes is entitled, the Treasury Solicitor can take the grant when claiming the estate for the Crown as bona vacantia, and after that a creditor can apply. GOV.UK adds that the spouse or civil partner can apply even if they were separated, that children must be 18 or over and include legally adopted children but not stepchildren, and that an unmarried partner cannot apply.

Two rules from the Senior Courts Act 1981, s.114 also apply to administrators. No more than four people can take the grant. If a beneficiary is under 18 or a life interest arises, the grant must go to at least two individuals or a trust corporation, unless the court considers one administrator enough.

What does it cost to apply?

The court fee is the same for executors and administrators. It rose to £526 on 13 July 2026 (Court and Tribunal Fees (Miscellaneous Amendments) Order 2026, with its start date set by a later order).

Probate registry fees for grants of probate and letters of administration, as listed by GOV.UK on 22 October 2026
Item	Fee
Application, estate worth more than £5,000	£526
Application, estate worth £5,000 or less	No fee
Extra copies ordered with the application	£2 each
Extra copies ordered later	£16 each
Second application after a grant, for example by an executor who held power reserved	£22

The figures are from GOV.UK's probate fees page, which also explains help with fees for people on a low income or certain benefits. If inheritance tax is owed, the estate must be reported to HMRC on form IHT400 before anyone can apply, and some tax is normally paid before the grant (GOV.UK). A probate practitioner, such as a solicitor, charges separately for their work. To estimate the court fee and copies, use the probate fees estimator; for other estate costs, read probate costs.

When should you get advice?

Many families apply themselves. GOV.UK says to get legal advice if you are unsure who can apply. Advice is also worth paying for when:

people disagree about who should apply, or whether a will is valid; a caveat can stop a grant for six months (GOV.UK). See contesting a will;
only a copy of the will can be found; GOV.UK says the original is needed, although form PA13 may help if it is lost. See how to find a will;
you were the person's unmarried partner and the estate goes to relatives; read Inheritance Act claims, where the normal time limit is six months from the grant;
a beneficiary is under 18 or a life interest arises, so two administrators are needed;
the debts may be more than the estate is worth; read what happens to debt when you die;
inheritance tax is payable, or the estate includes a business, property abroad or a trust.

If you have just been named in a will, start with I have been named executor and the executor checklist. For the whole process, read what is probate? To check whether a grant is needed at all, see do I need probate? Other terms on this page are defined in the will and probate glossary. SwiftWill prepares wills; it does not act as an executor or apply for grants.

Sources

Sources checked 22 October 2026.

Executor vs administrator: what is the difference?