What is the difference between administrator and executor

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Home News Probates and Reseals What is the difference between an executor and an administrator of an estate? What is the difference between an executor and an administrator of an estate? Categories Archives. The administrator may need to apply to the Probate Registry for a grant of letters of administration. This is a legal document which works in a very similar way to a grant of probate.

It gives the named administrator legal authority to deal with the estate. If multiple people are entitled to act as administrator under the rules of intestacy, any combination of these people can apply for a grant of letters of administration. However, no more than four people can apply, and they must all be over 18 and capable of acting.

If they don't apply together, the court will issue the grant of letters of administration to the first person to apply. The other people won't be notified of this. If there is a Will but there is no executor appointed or able to act, an administrator will be granted letters of administration with Will annexed.

In this case, the administrator will be someone with an interest in the estate usually a beneficiary, but it could be a creditor. Once an executor or administrator has been successfully appointed, their duties as personal representative will include:. The powers and responsibilities of executors and administrators are set out in law, but an executor may have their powers extended by the terms of the Will.

In summary, executors and administrators are appointed to do the same job, but they are appointed in different ways. Executors have authority from the date of death and their powers are taken from the Will, but administrators have no authority until they have been granted letters of administration by the xourt.

Home Media centre The difference between an executor and an administrator. The difference between an executor and an administrator 06 April Executors An executor is someone who was chosen by the person who died to deal with their estate.

Administrators An administrator is appointed to deal with an estate if there isn't a Will or if there is a Will but the executor is unable or unwilling to act. Duties of executors and administrators Once an executor or administrator has been successfully appointed, their duties as personal representative will include: collecting in the assets of the estate paying the estate's debts and liabilities calculating and paying inheritance tax selling or transferring property and other assets distribute the estate to the beneficiaries The powers and responsibilities of executors and administrators are set out in law, but an executor may have their powers extended by the terms of the Will.

If someone has died and you need help with probate, contact us: Get a fixed fee quote. Get probate advice and support. An Executor is nominated within the Will of a deceased person. A New York City estate planning lawyer can help explain their different roles. The Court procedure for the appointment of an Executor involves the probate of a Will.

The Court procedure for the appointment of an Administrator is 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. 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. The appointment of an Administrator in an intestate estate in New York City can result in many complications, through which an attorney can guide you. Depending on the situation, the potential administrator may be required to submit a family tree affidavit showing all the relatives of the decedent starting with their parents or grandparents as to how the potential administrator is the closest living relative to the decedent.

This is especially true if the administrator is the sole surviving distributee of the estate or is a non-relative. The family tree affidavit has to be signed by a disinterested person.

In some situations, it may be sufficient to have the family tree affidavit be signed by a person with the knowledge of the family tree. In other situations, the potential administrator may need to show documents in support of the family tree, such as birth and death certificates. Making family trees and showing such documents can be pretty difficult, especially if the person who died or their ancestors immigrated from another country.

The difference between executor and administrator of an estate is that executor is less likely to be asked to show kinship since they are already designated by the Last Will and Testament of the person who died to serve as the representative of their estate.

An important the difference between executor and administrator: Most executors are not required to post a bond. This is especially true of the majority of executors where the will says that the executor is not required to post a bond.

When a person is appointed as an executor, a bond is usually not required, because most standard wills state that the executor can serve without bond. For administrators, however, the court is more likely to require a bond.

A bond is insurance against theft or mismanagement involving the estate. The difference between executor and administrator of an estate in this regard can come down to bond vs. A bond is essentially insurance that covers losses to the estate, with yearly payments to the insurance company that underwrites the bond. A person with a low credit score would have more difficulty getting the bond and consequentially more difficulty becoming an administrator of an estate.

When an administrator is appointed, courts of most New York counties restrict their powers. If the probate or administration are contested, then there can be more restrictions, no difference between executor and administrator. If there are people who object to the appointment of an executor or administrator, things get more complicated.

The same goes for when the court is suspicious of something. If that happens, the courts may require additional proof from an executor or administrator before they get appointed, such as additional kinship information and a kinship hearing or a kinship trial.

The court may also hold hearings on the qualification of the person who is asking to be in charge of the estate.

Courts can place additional restrictions on appointment, such as restricting letters of administration of an administrator or requiring an executor to post a bond even if the will states that the executor is to post no bond. No difference between executor and administrator in this regard — both can be restricted and bonded by the court. If someone is objecting to the appointment of an executor, or the court is waiting for additional documents, but assets of the estate need to be taken care of, the court can issue preliminary letters testamentary, which give a person the power to take care of the estate assets but does not give them the power to disburse the assets to the beneficiaries of the estate.

We are trying to not apply for preliminary executorship unless necessary in the case.