It does not depend on whether there is or is not a will.

Probate is the finding of the Supreme Court thatthe particular will is the last and operative will, and the named person is the executor of the estate.

"Letters of Administration" is the finding of the Court that the named person is to be the administrator of the estate, where there is no will (and in various other circumstances).

If there is land to be transferred or sold, you will need one or the other (unless in joint tenancy, which goes to the surviving joint owner, regardless of what the will says).

A bank, insurer or other holder of an asset of the deceased might require probate or letters of administration, if there is enough in funds or asset value, that they are not prepared to rely just on a promise to repay if a will turns up, or the administrator ends up not entitled.If there is $1000 in the bank, neither will be needed. If there is $100,000 then probate or letters of administration will be needed.

With a competent and experienced solicitor, it is pretty easy and quick these days to get probate or L of A. The fees are set by a state government scale.

Chris Wall