Executor vs. Administrator

What is the Difference between an Executor vs Administrator?

In terms of their duties, there is no difference between an Executor vs Administrator. The difference is the way in which they have been appointed. An Executor is nominated within the Will of a deceased person. If there is no Will, an Administrator is appointed by a Court to manage or administer a decedent’s estate.

The Court procedure for the appointment of an Executor involve the probate of a Will. The Court procedure for the appointment of an Administrator are different since there is no Will involved. However, whether an Administrator or Executor is appointed, they each have numerous powers and obligations regarding the handling of estate affairs. In the case of an Executor, the estate is distributed in accordance with the Will. An Administrator distributes an estate according to the laws of intestate succession-i.e. to the decedent’s statutory next-of-kin. In terms of your wishes, it's best to have a Will and a named Executor that you know and trust. If you really want to avoid having the Court appoint an Administrator, then it's a good idea to appoint more than one Executor or an alternate Executor.

I have many years of experience working with Executors and Administrators as they go through the estate settlement process. I enjoy being successful on behalf of a client. I work hard to help my clients resolve their legal issues successfully, especially if things looked bad at the outset. I also enjoy working through the nuances of a case detail, uncovering something that didn’t initially seem obvious and coming to grips with things that can’t be controlled so that I can hear a happy client say, “Thank you so much Jules.”

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