What is the difference between Letters Probate and Letters of Administration in New Brunswick?

This answer covers the law of New Brunswick.

Letters Probate are granted on a will; Letters of Administration where there is no valid will or a named executor refuses on citation to prove it. Both are issued by the Probate Court of New Brunswick, which can grant administration of estates throughout the Province. In both cases, the document is the court's recognition of who has authority to deal with the estate.

Letters Probate officially recognize the executor named in the will. With Letters of Administration, the Court appoints an administrator, usually a family member or close friend, who collects the assets, pays debts and taxes, and distributes to those legally entitled. Property of the deceased vests in the personal representative, whether executor or administrator, and a third party dealing with land or assets will usually ask for proof of that authority. A land registry deed signed by a personal representative must come with the original will, letters probate or letters of administration, though the requirements are worth confirming with Service New Brunswick.

Which one applies depends on whether there is a valid will and whether the named executor will act. Special cases exist, such as limited grants or an interim administrator while a will is challenged. A lawyer can confirm which grant fits your situation.