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Wills & Estates

What is the difference between probate and letters of administration in Prince Edward Island?

TSL Written by the Treadstone Law Team· Updated November 6, 2026

This answer covers the law of Prince Edward Island.

In Prince Edward Island, probate is the grant that goes to an executor named in a will, while letters of administration are the grant that issue when no executor takes the job or when there is no will. The grant issued to an executor is Letters Probate (Form 65U). Where there is a will but no executor acts, Letters of Administration with the Will Annexed (Form 65W) issue.

A named executor may decline by filing a renunciation (Form 65K). If named executors fail to take out probate after thirty days' notice from an interested party, letters of administration with the will annexed may be granted instead. With no will, you apply for a grant of administration, and the petition must list the next of kin and heirs at law and state the grounds of your right to administer. Where no letters have issued on an intestacy, you must first cite those with a prior right to accept or refuse administration before applying yourself.

Applications go to the Supreme Court's Estates Section by petition under Rule 65. The forms are 65A for probate, 65B for administration with the will annexed and 65C for administration on an intestacy. A lawyer can confirm which applies.

Key takeaways

  • An executor receives Letters Probate (Form 65U), while Letters of Administration with the Will Annexed (Form 65W) issue where there is a will but no executor acts.
  • A named executor can decline by filing a renunciation (Form 65K), and an interested party can give thirty days' notice requiring the executor to take out probate.
  • On an intestacy, the petition must list the next of kin and heirs at law and state the grounds of your right to administer.
  • Applications are made by petition to the Supreme Court's Estates Section under Rule 65.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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