What is the difference between estate administrator and executor?
August 1, 2024 – Matthew S. Akers & Douglas McCarthy
Although the roles of estate administrator and executor are often confused when discussing estate administration, they serve distinct purposes. The court typically appoints an estate administrator in cases where the deceased individual did not leave behind a valid will or when the named executor cannot or will not fulfill their duties. The estate administrator manages and distributes the deceased person’s assets according to the laws of intestacy. They must identify and gather all assets, pay any outstanding debts and taxes, and distribute the remaining assets to the rightful heirs as determined by state laws.
On the other hand, an executor is a person named in the deceased individual’s will to carry out their final wishes and manage the estate. The executor’s duties include locating and safeguarding assets, paying debts and taxes, and distributing the remaining assets to the designated beneficiaries. Unlike an estate administrator, an executor’s authority stems directly from the will and does not require court appointment unless there are disputes or challenges to the will. Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries, following the instructions outlined in the will. Understanding the difference between an estate administrator and an executor is crucial for ensuring the proper administration of an estate and the fulfillment of the deceased person’s wishes.
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