The critical difference between Probate and Letter of Administration is that Probate is granted to an executor nominated under the will. Whereas, if a will does not nominate an executor, the beneficiaries of the deceased will have to file an application for Letter of Administration. This Letter of Administration would grant the same administrative rights to the beneficiaries that an executor would have enjoyed. However, If a person dies intestate, then an applicant seeking administrative rights pertaining to the deceased estate files for Letter of Administration.
Hence, when a person dies intestate/ or doesn’t nominate an executor under the will, it is then, the Letter of Administration acts as a facilitating document. Letter of Administration is granted to the beneficiaries after they apply to a Court of law having competent jurisdiction. Letter of Administration entitles the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death[1].
According to section 234[2] of the Act, if the executor, residuary legatee or representative of the residuary legatee doesn’t exist, declines, is incapable of acting or cannot be found, then the person who would have been entitled to administer the estate in case of the deceased dying intestate would be entitled to file an application for the Letter of Administration. The same provision under the act empowers any other legatee having a beneficial interest or a creditor to file an application for the Letter of Administration as the case may be.
To whom Letter of Administration cannot be granted
Letters
of administration cannot be granted to any person who is a minor or is of unsound
mind, nor to any association of individuals unless it is a company which
satisfies the conditions prescribed by rules to be made by notification in the
Official Gazette by the State Government in this behalf[3].
[1] Section 220 http://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf
[2] Section 234 http://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf
[3] Section 236 http://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf