Executor vs Administrator of an Estate: Understanding the Differences

When someone passes away, managing their estate - distributing assets, paying debts, and handling legal affairs - can be a complex process. During this process, there are two roles which can be responsible for overseeing the estate’s management - “executor” and “estate administrator”. While these terms are often used interchangeably, they have distinct meanings depending on whether the deceased left a Will.

Understanding the differences between an executor and an administrator is essential, as each plays an important role in ensuring that an estate is properly handled. This article will explore the responsibilities, appointment processes, and key differences between these roles to help you navigate estate planning or probate with confidence.

What Is an Executor?

An executor is someone who has been named in the Will to carry out the wishes of the deceased, such as managing the distribution of assets, paying off any lasting debts, and ensuring the Will’s instructions are followed out properly. 

A “Grant of Probate” is required to give the executor legal authority to manage the estate of the deceased. It's not uncommon for multiple executors to be named in the Will, for example, splitting the responsibility across several family members or perhaps instructing a firm of solicitors like Culver Law Ltd.

What Is an Estate Administrator?

An estate administrator, often known simply as an “administrator”, is a person appointed by the court to manage the estate if someone dies intestate (they die without leaving a valid Will behind), or if the named executor cannot serve their role. Their role is very similar to an executor in many aspects, but might also include identifying heirs if no Will exists. 

The court selects the estate administrator following the Rules of Intestacy, with the order of priority favouring spouses, children, parents, siblings, and then more distant relatives (as set out under The Non-Contentious Probate Rules 1987). The relative interested in administering the estate must apply for the Grant of Letters of Administration, which is done through the probate court. 

If all the listed family members are untraceable the Treasury Solicitor, acting on behalf of the Crown, may claim the estate as ‘bona vacantia’ ("ownerless assets"). As a result of this claim, the Treasury Solicitor can apply for the grant.

If there are family members but they are lacking capacity to deal with the estate, it is possible for them to appoint someone to act on their behalf in this respect. 

So, What are the Differences Between an Executor and an Estate Administrator?

The easiest way to separate these two terms, despite their similar duties, is to consider how the individual was appointed:

• An executor is appointed by the deceased under a Will, whereas 
• An estate administrator is appointed under the rules of intestacy. 

What Are the Durations of These Duties?

The duration of an executor's or estate administrator's duties varies based on the complexity of the estate they’re handling. There is a general expectation that these individuals should complete the estate administration process within a year of a death, known as the “executor’s year”, but there are many circumstances that can extend this duration. For example, high-net-worth individuals (HNWIs) may have to deal with larger estates, a more considerable amount of assets, and more complex inheritance tax (IHT) scenarios, prolonging the estate administration process. 

An Estate administrator's role concludes once the estate has been settled, which usually takes between 6 months to 2 years. However, the executor's role is not necessarily complete upon the completion of the estate administration process; if any legally recognised trusts are included in the Will, it is the executor’s duty to ensure these trusts are carried out as per the wishes of the deceased.

What Common Challenges Do These Duties Experience?

Both executors and administrators face a range of challenges when managing an estate, many of which can make the process time-consuming and stressful. Some of these common difficulties include:

• Personal Liability: Executors and administrators are legally obligated to act in the best interests of the estate and its beneficiaries. Failing to do so, whether by making mistakes in distributing assets or mismanaging debts, can result in personal and financial liability. This adds pressure to ensure that every step is handled correctly; legal experts can handle this process for you and minimise risk. 
• Debts and Liabilities: Managing the deceased's outstanding debts is a key responsibility. Executors and administrators must identify, settle, and prioritise these debts before distributing any assets. If debts exceed the estate's value, this can be especially challenging, as they must navigate insolvency rules and negotiate with creditors.
• Family Disputes and Conflicts: Family members may disagree on how assets should be divided or challenge the validity of the will. These disputes can cause tension and prolong the estate’s settlement. Executors and administrators may need to act as mediators or involve legal professionals to resolve conflicts.
• Legal and Tax Obligations: Executors and administrators are responsible for ensuring all legal and tax obligations are met. This includes filing inheritance tax forms, paying any taxes due, and ensuring compliance with probate laws. The complexity of tax regulations, particularly for larger estates, can add a significant burden.

What Is a “Personal Representative”?

You may have heard the term “personal representative” whilst reading about probate law or estate planning, but never fully grasped what this term means. In short, a personal representative is the broad legal term for the individual responsible for managing and settling a deceased person's estate. In other words, both executors and administrators are classified as personal representatives, so the tasks associated with the latter are those that encompass both roles, such as:

• Applying for the Grant of Probate or Letters of Administration
• Distributing the estate’s assets to the correct heirs and beneficiaries
• Ensuring necessary funeral arrangements are made, and that it is paid for
• Establishing the value of the estate’s assets and liabilities, and filing this for HMRC
• Calculating the inheritance tax (IHT) due, using estate funds to pay this tax
• Settling any private debts which may be owed by the estate

What Happens if an Executor or Administrator Dies?

If an executor or administrator dies before completing their duties, the probate process continues with a new person appointed to manage the estate. 

In the event that an executor dies, and if the Will has named an alternate executor, then that person will take over the responsibilities. However, if no alternate individual is named then the main beneficiary of the estate is typically able to apply to act in the administration of the estate.  

If an administrator dies, after taking on the role, the administrator or executor of their estate may need to take out the grant. The newly appointed executor or administrator steps in to complete the remaining tasks, continuing the probate process from where it left off, and ensuring the estate is managed and distributed according to the Will or intestacy laws.

Our Solicitors Can Handle Estate Administration for You

Handling the estate of a loved one can be a particularly demanding task during an emotional time, and there are several legal obstacles to navigate around. Our experienced solicitors at Culver Law, based in London and Cambridge, can assist you at every stage of this process. 

We can also act as independent administrators or Executors in the event of disputes. 

Please contact us to arrange a FREE, no-obligation initial meeting to discuss how we can help.

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