Who can be an Administrator of an estate?
When someone dies, their estate needs to be managed. If there is a valid Will, the Executors named in that document are responsible for the process. But if there is no Will, or if the named Executors cannot act, then an Administrator is appointed instead. The role is similar to that of an Executor, but the way Administrators are chosen follows strict rules.
When is an Administrator needed?
An Administrator is usually required if:
- The person who died did not leave a valid Will.
- The Will does not name any Executors.
- The Executors named in the Will are unable or unwilling to act.
In these cases, the estate is dealt with under the rules of intestacy, which set out who inherits and who can apply to handle the estate.
Who has the right to be an Administrator?
The order of priority for becoming an Administrator is set out in law. The people with the closest connection to the deceased are usually given the right to apply first. In England and Wales, the order is typically:
- The surviving spouse or civil partner;
- Children of the deceased (including legally adopted children, but not stepchildren unless adopted);
- Parents;
- Brothers and sisters;
- Other close relatives, such as nieces, nephews, grandparents, or uncles and aunts.
If there is more than one person in the same category, they may all apply together, or some may choose to give up their right so that one or two people take on the role.
How many Administrators can there be?
Up to four people can act as Administrators at the same time. However, the Probate Registry requires at least two Administrators if beneficiaries include children under 18. This is to ensure that minors’ interests are properly protected.
What does an Administrator do?
The duties of an Administrator are very similar to those of an Executor. They include:
- Identifying and collecting the assets of the estate.
- Valuing the estate and completing Inheritance Tax paperwork if required.
- Paying debts, expenses, and any tax owed.
- Distributing the estate according to the intestacy rules.
Administrators are legally responsible for carrying out these tasks correctly, so it is important to understand the role before agreeing to take it on.
Can professionals act as Administrators?
Yes. If no family members are able or willing to act, the Court may appoint an independent professional, such as a Solicitor or a regulated probate practitioner, to act as Administrator. This can also be a good option if the estate is particularly complex or if there are family disagreements.
If you are choosing a professional, make sure they are regulated by a recognised body such as the Solicitors Regulation Authority (SRA), ICAEW, or STEP. This gives you protection and ensures that the Administrator is acting under proper professional standards. Kings Court Trust is regulated by the ICAEW.
Key takeaway
An Administrator steps in to manage an estate when there is no valid Will or no available Executors. The right to act usually follows a strict legal order, beginning with the surviving spouse or civil partner and then moving through the family tree. Administrators have the same responsibilities as Executors, and the role can be demanding. If you are unsure about whether to take it on, professional help is available.
