What Is The Difference Between An Executor And An Administrator

October 24, 2022
What Is The Difference Between An Executor And An Administrator

Want to know what are the key differences between an Administrator and an Executor? Then you are at the right place.

Many people get confused by these two terms and think that both are the same. Well, both do have the same duties to perform, and that is distributing the assets of a deceased person. But they are not the same entities as there exists several big differences between them.

What are they? Let’s find out.

Difference Between an Executor and an Administrator

There are four major differences between an Executor and an Administrator. Let’s go through them one by one.

1. Method Of Appointment

The appointment method is the biggest difference between an Executor and an Administrator. An Executor is nominated in the Will of a deceased person. However, if a person dies without a will, then it is the responsibility of the court to appoint an Administrator who will overlook the distribution of assets.

That is why experts stress creating a will as soon as possible so that your assets are handled by your most trusted person and your family members don’t have to go through troubles that might arise because of no Will. 

2. The Executor Can be Anyone According to The Will

An Executor can be any close or trusted person of the deceased. An individual can name his friend, neighbor, or anyone as an Executor in the Will. But if he dies without naming anyone, then the court appoints the closest relative of the dead person. It can be a spouse, older child, cousin, etc.

Many people get confused by these two terms and think that both are the same | The Difference Between An Executor And An Administrator

3. Asset Distribution Difference

Another important distinction between an Executor and an Administrator is the way both distribute the assets of the deceased. An Executor distributes according to the Will of the dead person. He will overlook the handling, tax-paying, and everything related to asset distribution.

An Administrator, on the other hand, distributes the asset according to the laws. For example, if a person living in New York dies without making a Will, his assets will be distributed to everyone related to him in accordance with the Intestate succession law.

But it’s not that simple. What if the dead person had no spouse, sister, or children? In this situation, the court orders to find any distant blood relatives living anywhere in the country, which is extremely hard.

Even if the state does find them, the distant relatives will have to produce authentic proof of the relationship (which is not available in many cases). Then, every asset becomes the state property.

Therefore, you must make a will and appoint an Executor. 

4. Difference In Paper Work

An Executor has to go through less paperwork because he follows the desire of the deceased person.

In Comparison, an Administrator has to do more paperwork because he is doing everything according to the laws. Thus, the asset distribution by the Administrator takes more time, which causes frustrations.

 

So, these are the top four differences between an Executor and an Administrator.

 

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