ARTICLE: What’s the Difference between an Executor and an Administrator?

What’s the Difference between an Executor and an Administrator?

In the world of estate management and probate law, navigating the intricacies of how an estate is settled can be complex, particularly when it comes to understanding the roles of an executor and an administrator. These terms represent key positions in the process of distributing a deceased person’s assets, yet they serve under different circumstances and are guided by distinct principles.

Executor: This role is designated by an individual in their will, entrusting the named person with the responsibility to manage and distribute the estate according to the stipulated wishes. The executor’s tasks involve securing the estate’s assets, settling any outstanding debts and taxes, and ensuring that the beneficiaries receive their shares as per the will’s directives.

Administrator: In contrast, an administrator steps in when there’s no will, the will doesn’t name an executor, or the named executor cannot fulfill their duties. Appointed by a court, the administrator handles the estate following state intestacy laws, which dictate the asset distribution in the absence of a will or explicit instructions.

If you’re navigating the complexities of estate planning or facing the daunting task of managing a loved one’s estate, it’s crucial to understand these roles and their implications fully. For personalized guidance and to ensure that your or your loved one’s estate is managed in accordance with your wishes, reaching out to an experienced estate planning attorney can be invaluable. Roth Elder Law PLLC can provide clarity on the legal requirements, assist in drafting a will that accurately reflects your intentions, and offer advice on navigating the probate process. Call our office at 607-962-6162 or complete this intake form to schedule a meeting and secure your legacy today.

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We at Roth Elder Law, PLLC, believe in providing services in a way that clients can easily understand and meaningfully participate in designing and maintaining their estate plan for their loved ones, as well as be assured that their plan will be administered according to their wishes.