Probate vs. Administration

When a loved one passes away, one of the first legal questions families face is:

“Do we need to open probate, or do we need to file for administration?”

Both probate and administration are court-supervised processes used to settle a person’s estate — but they serve different purposes.
The primary difference comes down to one simple factor:

👉 Did the deceased leave a valid will?

Understanding which process applies can save families stress, time, and unnecessary expenses. Below is a clear breakdown of each process and when it is required.

What Is Probate?

Probate is used when the deceased left a valid will.
The will outlines who inherits assets and names an executor to manage the estate.

During probate, the court will:

• Validate the will

• Officially appoint the executor

• Ensure debts, taxes, and expenses are paid

• Oversee distribution of assets to beneficiaries

When Is Probate Needed?

Probate is required when:

• A valid will exists

• Assets titled solely in the decedent’s name need to be transferred

• Banks or title companies require court authority

💡 Fact: Many estates go through probate simply because financial institutions will not release assets without Letters Testamentary.

What Is Administration?

Administration is necessary when the deceased did not have a will — also known as dying intestate.
Because no written instructions exist, the court must appoint an administrator to handle the estate.

During administration, the court will:

• Identify heirs under state intestacy laws

• Appoint an administrator (typically next of kin)

• Oversee payment of debts, taxes, and expenses

• Distribute assets according to state law — not personal wishes

When Is Administration Required?

Administration must be filed when:

• No will exists

• The will is invalid, lost, or contested

• The named executor cannot or will not serve

⚠️ Reality: Without a will, assets pass according to state statute — even if it’s not what the deceased would have wanted.

Probate vs. Administration — Quick Comparison

Probate Administration Will exists No will exists Executor named by deceased Administrator appointed by court Assets follow the will’s instructions Assets follow intestacy laws Letters Testamentary issued Letters of Administration issued Generally predictable Can be more complex due to heir identification

How Long Does the Process Take?

Both probate and administration typically take 8–12 months, depending on:

• Size of the estate

• Whether disputes arise

• How quickly assets and debts are located and verified

Administration may take longer when identifying heirs is difficult.

How to Determine Which Process Applies

Ask these three questions:

1. Is there a valid will?
   → Yes = Probate
   → No = Administration

2. Are there assets that require court authority to transfer?
   → If yes, one of these processes is required.

3. Is this a small estate?
   → Some states allow simplified procedures — an attorney can evaluate eligibility.

Why Professional Guidance Matters

Both probate and administration involve strict deadlines, legal filings, and potential disputes.
Families should not have to manage that alone while grieving.

A skilled probate attorney can:

• Determine which process is required

• Prepare filings to avoid delays

• Protect the estate’s value

• Reduce stress during an overwhelming time

📞 Call us at 212-419-0118 for a free consultation
➡️ Follow us on LinkedIn for weekly probate, guardianship, Medicaid, and elder law updates