One of the most common questions we hear is: "What's the difference between probate and administration?" The answer is simple, but the processes have important distinctions.
The One-Sentence Answer
Probate is when someone dies WITH a will. Administration is when someone dies WITHOUT a will.
Probate (With a Will)
When the deceased left a valid will, the will must be "proved" — or probated — in Surrogate's Court. The court verifies that the will is authentic and was properly executed, then appoints the Executor named in the will.
The Executor receives Letters Testamentary, which give them legal authority to manage the estate. The will itself dictates who receives what.
Read our complete Probate Guide →
Administration (No Will)
When someone dies without a will (intestate), there is no Executor and no instructions for distribution. Instead, the court appoints an Administrator — typically the closest living relative — following a statutory priority order (SCPA §1001):
- Surviving spouse
- Children
- Grandchildren
- Parents
- Siblings
- Other relatives
The Administrator receives Letters of Administration and distributes the estate according to New York's intestacy laws — not according to what the deceased might have wanted.
Read our complete Administration Guide →
Key Differences
| | Probate | Administration | |---|---|---| | Will exists? | Yes | No | | Who's in charge? | Executor (named in will) | Administrator (appointed by court) | | Letters issued | Letters Testamentary | Letters of Administration | | Distribution follows | The will's terms | NY intestacy laws | | Who decides? | The deceased (via will) | State law |
Which Process Do I Need?
- Will found? → File for Probate
- No will? → File for Administration
- Estate under $50K with no real property? → Consider Voluntary Administration
- Will found but Executor can't serve? → File for Administration c.t.a. (with the will annexed)
Both processes are handled by the Kings County Surrogate's Court at 2 Johnson Street, Room 319, Brooklyn, NY 11201.