When it comes to estate planning, understanding the difference between an administrator and an executor can be confusing.
Do you know what each one does? Are there differences in their roles and responsibilities?
This article will help demystify the differences between an administrator and an executor so that you can make informed decisions when putting together your own estate plan. We will also explore some of the duties and limitations of these roles and how you can get help planning for your estate.
At Your Legacy Legal Care™, we make estate planning efficient, effective, and easy so you can protect your loved ones and your own interests.
Read on to learn more.
An administrator—is an individual appointed by the court in cases where someone dies without leaving behind a will or if they did not name anyone as their designated executor. The administrator is responsible for settling the decedent’s estate, which may involve paying debts and taxes, distributing assets to beneficiaries, and handling legal proceedings. It is important to note that the person appointed by the court as an administrator is the one responsible for paying the court fees.
An executor is an individual named in a person’s will to manage their estate after they pass away. The 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.
The executor has a fiduciary duty to act in the best interests of the beneficiaries and follow the instructions laid out in the will. Like an administrator, an executor is also responsible for paying the court fees incurred during a probate proceeding.
The terms “administrator and “executor” are often used interchangeably, but there’s a subtle difference.
An administrator can refer to anyone appointed to manage the affairs of a deceased person.
An executor is a specific type of administrator named in a person’s will to manage their estate after they pass away. The executor is responsible for carrying out the terms of the will. While an executor is always an administrator, not all administrators are executors. The specific duties depend on the estate’s circumstances and jurisdictional laws.
Coincidentally, an administrator and an executor have the same job to do. They are both responsible for overseeing the administration of a deceased person’s estate.
Some common duties include:
Coincidentally, an administrator and an executor have the same job to do. They are both responsible for overseeing the administration of a deceased person’s estate.
Administrators and executors may be entitled to compensation for their services. However, this can vary depending on the laws of the jurisdiction and the specific terms of the will, if any.
Here’s everything you need to know:
It is important to note that administrators and executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. They should not prioritize their own financial interests over those of the estate. Any compensation they receive should be reasonable and commensurate with the services provided.
While administrators and executors have important responsibilities in managing and distributing a deceased person’s estate, their powers are not unlimited.
Several limitations govern their actions, including:
It is important for administrators and executors to be aware of these limitations and to act within the scope of their authority. If they act outside of their powers or violate their fiduciary duty, they may be held liable for any damages caused.
If you are in the process of estate planning, it’s important to understand the differences between an administrator and an executor. While these terms are often used interchangeably, they have distinct legal meanings and can impact how your estate is administered after you pass away.
To ensure your estate is managed properly and according to your wishes, you must work with an experienced estate planning attorney at Your Legacy Legal Care™. A lawyer can help you understand the legal implications of your choices, draft a comprehensive estate plan, and assist your loved ones in navigating the complexities of probate and estate administration.
Don’t leave your legacy to chance. Contact us today to schedule a strategy session and learn how we can help you protect your assets and ensure your wishes are fulfilled after you’re gone.
Kimberly Hegwood is the Managing Attorney of Your Legacy Legal Care, a Houston estate planning law firm. With more than 25 years of experience practicing law in Texas, she represents clients in a wide range of legal matters, including elder law, asset protection, estate planning, Medicaid crisis planning, probate, guardianship, and other estate planning practice areas.
Kimberly received her Juris Doctor from the South Texas College of Law and is a member of the State Bar of Texas.
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