Probate, administration etc

[CarolB08]

I am confused, I have a entry from Ancestrys Wills and Probate collection that gives the information that Administration was granted to the persons Father, does this mean there was or was not a will involved ?
I have seen different variations of probate, administration and so on and can never work out which is worth sending for and which would give me no further information.
Many thanks in advance.

 

[Carolyn]

Administration usually means there is no will involved though you can get Administration with a will. What did the Wills and Probate entry say or can you provide details of the person and date of Admin?

 

[Bob Spiers]

When my father died without leaving a Will (intestate) I sought legal advice and learned I had to apply via my local probate office for Letters of Administration. After filling in the paperwork, proving my bona fide, copy of death certificate etc., the Letters were granted in about 10 days or so. I was able to help my cousin in the same way when her mother died intestate. When a close relative of my wife's died leaving a Will (testate), Probate was applied for by the Solicitor dealing with the estate. From memory that took a fair bit longer to be granted but I've no idea if that was normal or just because of some legal rigmarole.

I see from Carolyn's posting she says that Administration can be applied for even where a Will exists. I am curious to know why one would choose to do this. Perhaps it depends on family circumstance (maybe only one beneficiary), the size of the estate and/or significantly less cost. I would be interested to learn the pros and cons of Probate versus Administration when a Will is left.

 

[peter]

does this mean there was or was not a will involved ?

If there was a will it will say so in the entry (see the introduction at the Probate Service site).

I see from Carolyn's posting she says that Administration can be applied for even where a Will exists. I am curious to know why one would choose to do this.

This happens when the executor fails to prove the will (see the Help page at the Probate Service site).

 

[Pauline]

I see from Carolyn's posting she says that Administration can be applied for even where a Will exists. I am curious to know why one would choose to do this.

If the executors named in a will are deceased or otherwise unable/unwilling to act, then administration has to be applied for by someone who is able and willing to administer the estate. However, the effects of the deceased are then distributed in accordance with the will rather than following intestacy rules.

Hence you get an administration with a will annexed.

 

[CarolB08]

Here is the listing I am talking about, thank you for all the replies so far

 

[CarolB08]

I have just looked at the web site that Peter mentioned and it has answered my question, so thank you very much, I now know there is no point in spending money out to be told what the index has just done.