What is the Difference Between Administrator and Executor?

The main difference between an administrator and an executor lies in their appointment and the source of their authority. Here are the key differences:

1. Appointment: An executor is nominated within the will of a deceased person, while an administrator is appointed by a court to manage or administer a decedent's estate if there is no will or if the will does not name an executor.
2. Authority: An executor is responsible for carrying out the terms of the will, including paying debts and taxes, gathering and managing the deceased person's assets, and distributing property to the beneficiaries named in the will. An administrator, on the other hand, distributes an estate according to the laws of intestate succession, which means the estate is distributed to the decedent's statutory next-of-kin.

Despite these differences, both administrators and executors have similar responsibilities in managing the estate and assets of a deceased person. They are both responsible for:

• Inventorying and collecting the decedent's assets
• Managing the assets during administration
• Receiving and paying the claims of creditors and tax collectors
• Distributing the remaining assets to the decedent's beneficiaries or heirs

Both administrators and executors are considered fiduciaries, meaning they are legally responsible for acting in the best interests of the estate and its beneficiaries.

Comparative Table: Administrator vs Executor

The main difference between an administrator and an executor lies in how they are appointed and their responsibilities. Here is a table outlining the differences between the two roles:

Both executor and administrator roles involve managing the estate and assets of a deceased person, and they generally share the same rights and responsibilities. They are responsible for gathering and creating an inventory of the property a decedent left behind, paying off any debts, and distributing the remaining assets to the rightful heirs. However, the appointment process and the way they manage the assets differ:

• Executor: Appointed by the decedent in their will, an executor is responsible for following the wishes of the decedent as written in the will and managing and distributing assets accordingly.

• Administrator: Appointed by the court if no will is left, an administrator is responsible for managing and distributing assets according to state law and settling the affairs of a decedent who died intestate.

Both roles can be compensated for their work, with the amount depending on the size of the estate.