In Trinidad and Tobago, both a grant of probate and a grant of letters of administration are legal documents issued by the court concerning the estate of a deceased person, but they serve different purposes based on whether the deceased left a will or not.
GRANT OF PROBATE:
A grant of probate is a legal document that confirms the validity of a deceased person’s will and grants the executor the authority to administer the estate in accordance with the terms of that will.
Executor’s Role: The executor named in the will is responsible for managing the deceased’s estate, including settling debts, distributing assets to beneficiaries, and carrying out the instructions as outlined in the will.
The executor must apply to the court for a grant of probate, providing the will and necessary documentation to prove the deceased’s wishes.
LETTERS OF ADMINISTRATION:
A grant of letters of administration is a legal document issued when a person dies intestate (i.e., without a valid will). It allows an appointed administrator to manage the deceased’s estate.
This is relevant when there is no will or when the will does not appoint an executor. The Law steps in and decides WHO gets your estate- this is called intestacy.
The administrator, usually the next of kin of the deceased, is tasked with settling the estate, paying off debts, and distributing the remaining assets among the heirs according to the laws of intestacy.
The person seeking to be appointed as administrator applies to the court for letters of administration and must follow legal protocols to determine the rightful heirs and distribution of assets.
GRANT OF PROBATE |
LETTERS OF ADMINISTRATION |
| Valid Will | No Valid Will |
| Executor: Named in the Will by the Deceased | Administrator: Next of Kin appointed by the Court |
In summary, the critical distinction lies in whether there is a will: probate is for validated wills, while letters of administration are for intestate estates.
