What is the difference between an Executor and an Administrator?

When someone dies, their estate (meaning everything they own, including money, property, possessions, and debts) needs to be properly managed and distributed. This process is known as estate administration. The person legally responsible for overseeing this process is either called an Executor or an Administrator, depending on whether or not there was a valid Will left behind.

Both Executors and Administrators are considered Personal Representatives (PRs), and understanding the difference between an Executor and an Administrator is important. Both are legally bound by fiduciary duty, meaning they must act with honesty, care, and in the best interest of the estate and its beneficiaries. In this article, we’ll explain what an Executor is, what an Administrator is, and highlight the key differences between them.

What is an Executor? 

An Executor is the person chosen by the deceased to carry out the instructions laid out in their Will after death. They must be named as the Executor within a valid Will to carry out the wishes of the person who has died. This role involves a range of responsibilities, including: 

• Locating the Will;
• Applying for a Grant of Probate (the legal authority to manage the estate);
• Identifying and managing the deceased person’s assets;
• Paying any outstanding debts and taxes;
• Distributing the remaining assets to the beneficiaries as specified in the Will. 

The Executor acts as a fiduciary, meaning they are legally required to act in the best interest of the estate and its heirs. Because of this, they can be held personally responsible for any mismanagement.  

Who can be named as an Executor? 

Executors are typically trusted family members, friends, or professionals such as Solicitors. They must be legally eligible, meaning they have to be over 18 years old and of sound mind. It is common for multiple Executors to be named within the same Will to share the responsibility of administering an estate. In England and Wales, up to four people can be named as Executors acting simultaneously on the same Will. The Testator (the person who has written the Will) can choose one Executor or appoint several, often to ensure that if one person is not able to act as Executor, there are other options available. Being an Executor requires organisation, honesty, and a good understanding of financial and legal matters. Taking on the role of an Executor is a huge responsibility, as depending on the nature of the estate, the administration of it can take anywhere between a couple of months to multiple years to complete. 

What is an Administrator? 

If someone dies without leaving a Will, they are said to have died intestate. In this situation, when no valid Will has been left behind officially naming someone as an Executor, an Administrator is appointed by the Court. The Administrator has similar responsibilities to an Executor; however, instead of following the instructions of a Will (as there isn’t one), they must follow the laws of intestacy, which determine who inherits the estate based on familial relationships. The Court typically appoints a close relative (such as a spouse, adult child, or parent) to serve as Administrator. Like Executors, Administrators are fiduciaries and are legally required to act in the best interest of the estate and its beneficiaries.  

Instead of applying for a Grant of Probate to gain the legal authority to administer the deceased’s estate, Administrators must apply for what is called Letters of Administration. These letters officially appoint an Administrator and grant them the power to access the assets, pay debts and taxes, and distribute the estate according to the laws of intestacy. The application involves providing information about the assets and potential heirs to the Court. Once granted, Letters of Administration serve as proof to banks, government agencies, and other institutions that the Administrator has the legal right to act on behalf of the estate.  

Administrators have the same responsibilities as Executors. The difference lies in how they are appointed and what authority they act under. 

Key differences at a glance 

Why it matters 

In conclusion, understanding the distinction between an Executor and Administrator is crucial when it comes to managing a person’s estate after death. While both positions carry out similar duties, the key difference lies in how they are appointed and the legal framework they follow. Recognising these differences not only helps ensure the estate is administered correctly but also highlights the importance of having a valid Will in place to make the process clearer and less stressful for loved ones left behind.