What is the difference between an administrator and an executor of a will?
What is the difference between an administrator and an executor of a will?
An executor of a will is the person who administers the estate of a deceased person. A person can have an executor without having a will, but anyone with a will appoints an executor. A trustee or personal representative (in some states) can also be an executor. An administrator is similar to an executor, and they are sometimes used interchangeably, but they are not the same.
A person who administers someone's estate is often referred to as "the administrator," just as a personal representative is often called "the executor." The main difference between these words is that "executor" usually refers to someone appointed in a will, while "administrator" most often refers to someone appointed by a court.
The executor's role is to make sure the decedent's debts are paid and any outstanding taxes are covered, then distribute what's left of the estate according to the terms in the will. If there isn't a will, then the laws of intestacy dictate how assets are distributed.
An administrator serves another important function: if there is no will, he or she makes decisions about what happens to the estate assets until there is a decision about whether or not there should be probate court proceedings (which decide how an
When thinking about who will administer and/or execute a will, it's important to make the distinction between these two roles. The executor of a will is in charge of the logistics of executing the will. This means handling any necessary probate, distributing assets, paying debts, and making sure that any taxes or other obligations are fulfilled.
The person appointed as executor is typically a family member or friend who is financially capable and has good organization skills. The administrator of an estate is responsible for managing the finances while the estate is being probated. This allows the executor to focus on executing the will without the added burden of financial management during this time.
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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
