What is the difference between letters probate and letters of administration in Newfoundland and Labrador?

This answer covers the law of Newfoundland and Labrador.

Letters of probate go to the executor named in a will, while letters of administration go to someone the court appoints when there is no executor to act, usually next of kin. Either grant gives that person the authority to deal with estate property, such as land or accounts held only in the deceased's name, that they need to sell, transfer or collect.

Which one applies depends on whether there is a will and whether it names an executor who can act. If there is a will, the priority to apply runs from executors to residuary legatees, then the Crown, subject to the judge's discretion. Where there is no will, priority to administer runs from the spouse to children, parents, siblings, grandparents, then creditors and the Crown, and the court prefers a person resident in the province over one with equal right unless a judge orders otherwise.

One practical difference is that an administrator must generally file a bond with two sureties unless the court orders otherwise. The bond requirement does not apply to a trust company authorized to do business in the province or to the Public Trustee. Both routes start with a Notice of Application posted with the Registry Office.