Administrator vs. Executor: Differences and Responsibilities

Appointment

An executor

is an individual appointed by the deceased person in their will to manage their estate after they pass away. They are responsible for carrying out the terms of the will, which may include paying debts and taxes, managing assets, and distributing property to beneficiaries.

An administrator

is appointed by the court when there is no will or if the deceased person did not name anyone as their designated executor. They are responsible for settling the decedent’s estate, which may involve paying debts and taxes, distributing assets to beneficiaries, and handling legal proceedings.

Responsibilities

Both executors and administrators have similar responsibilities, including:

• Identifying and safeguarding the assets of the estate
• Notifying creditors, beneficiaries, and other interested parties of the death
• Paying debts and expenses of the estate, including taxes
• Managing and investing estate assets prudently
• Filing court and tax forms as required by law
• Distributing assets to beneficiaries according to the terms of the will or state law
• Defending the estate against any legal claims or challenges
• Keeping accurate records of all estate transactions and expenses
• Providing periodic accountings to the court and beneficiaries
• Acting in good faith and in the best interests of the estate and beneficiaries

Compensation

Administrators and executors may be entitled to reasonable fees for their services, which can vary depending on state laws and the complexity of the estate. These fees must typically be approved by court order or agreement between all interested parties if not mentioned in the deceased’s will.

Limitations

Executors and administrators have a fiduciary duty to act in the estate’s best interests and are subject to the following limitations:

• Terms of the willExecutors must follow the instructions laid out in the will and may not act in a manner that goes against the wishes of the deceased person.
• State lawThe actions of the administrator or executor must comply with state law.
• Fiduciary dutyAdministrators and executors have a fiduciary duty to act in the estate’s and its beneficiaries’ best interests.
• Court oversightIn some cases, the probate court may require the administrator or executor to obtain court approval before taking certain actions, such as selling property or making large distributions to beneficiaries.

Conclusion

While the terms “administrator” and “executor” are often used interchangeably, there is a subtle difference in their roles. An administrator is appointed by the court when there is no will, while an executor is named in the will to carry out the deceased person’s wishes. Both administrators and executors have similar responsibilities and limitations, including managing the estate’s assets, paying debts and taxes, and distributing property to beneficiaries.

Sources

• Executor vs. Administrator | New York City Estate Administration Lawyer
• Administrator Vs. Executor: What’s the Difference?
• Executor vs Administrator: Key Differences

FAQs

What is the difference between an administrator and an executor?

An administrator is appointed by the court when there is no will or if the deceased person did not name anyone as their designated executor. They are responsible for settling the decedent’s estate, which may involve paying debts and taxes, distributing assets to beneficiaries, and handling legal proceedings. An executor is an individual appointed by the deceased person in their will to manage their estate after they pass away. They are responsible for carrying out the terms of the will, which may include paying debts and taxes, managing assets, and distributing property to beneficiaries.

Who can be appointed as an administrator or executor?

Any competent adult can be appointed as an administrator or executor. However, the court will typically give preference to the person named in the will as the executor.

What are the responsibilities of an administrator or executor?

Administrators and executors have similar responsibilities, including:

• Identifying and safeguarding the assets of the estate
• Notifying creditors, beneficiaries, and other interested parties of the death
• Paying debts and expenses of the estate, including taxes
• Managing and investing estate assets prudently
• Filing court and tax forms as required by law
• Distributing assets to beneficiaries according to the terms of the will or state law
• Defending the estate against any legal claims or challenges
• Keeping accurate records of all estate transactions and expenses
• Providing periodic accountings to the court and beneficiaries
• Acting in good faith and in the best interests of the estate and beneficiaries

What is the difference between intestate and testate administration?

Intestate administration is the process of settling an estate when the deceased person did not leave a will. In this case, the court will appoint an administrator to handle the estate. Testate administration is the process of settling an estate when the deceased person left a will. In this case, the court will appoint the person named in the will as the executor to handle the estate.

What are the fees associated with probate?

The fees associated with probate can vary depending on the state and the complexity of the estate. However, common fees include:

• Court filing fees
• Executor or administrator fees
• Attorney fees
• Appraisal fees
• Accounting fees

How long does probate take?

The probate process can take anywhere from a few months to several years, depending on the complexity of the estate.

What happens if there is a dispute over the estate?

If there is a dispute over the estate, the court will hold a hearing to resolve the dispute. The court may appoint a special master to help resolve the dispute.