Our Los Angeles and Orange County Probate Lawyers Explain the Difference Between Estate Executors and Estate Administrators in California Probate
Executors and administrators are tasked with representing the interests of an estate throughout the probate process. Their responsibilities are, in fact, so similar that the terms “executor” and “administrator” are often used interchangeably. However, no matter how much overlap there may be between these two roles, differences do exist, and they are significant enough to impact almost every aspect of succession.
Read more to learn about the role of estate executors and estate administrators in California probate, or contact The Law Firm of Kavesh, Minor & Otis, Inc., to speak to an estate administration lawyer and schedule your initial consultation.
Executors and Administrators in California Probate
The difference between executors and estate administrators is largely procedural.
In California, an executor is somebody who has been nominated to represent an estate’s interests in the deceased person’s last will and testament. Executors are often close friends, family members, or associates of the decedent. They typically know about their role long before they must ever fulfill its duties and may already possess a copy of the will before probate begins.
Administrators, in contrast, are not nominated by a will, a codicil, or any other estate instrument.
Instead, administrators are appointed by a California probate court. Estate administrators can be family members, lawyers, or even corporations, but they cannot initiate probate or manage the decedent’s estate until they petition the court and obtain a judge’s approval.
3 Reasons an Estate May Need an Administrator
Estates are typically subject to probate unless they meet the criteria for small estate administration or the decedent established a trust or enacted another plan designed to avoid probate.
If any portion of an estate is subject to probate, somebody must be selected to manage its assets until probate concludes. Depending on the estate and the circumstances of succession, the court may need to authorize an administrator if:
1. The Deceased Person Died Intestate
If somebody passes away without a will, a trust, or any other estate plan, then they are said to have died “intestate.” In the absence of any valid instructions for succession, the probate court will determine how inheritances should be distributed. Determinations are made using a rigid set of statutory rules and legal guidelines, with most intestate cases privileging the deceased person’s surviving spouse, children, and other close relatives.
2. The Decedent’s Executor is Incompetent
Almost any adult can serve as an estate executor.
However, heirs and other interested parties still have a right to challenge an executor’s ability to administer assets in the estate’s interests. If an executor abuses their position or appears incapable of managing complex estate assets, a probate court could order their removal.
3. The Decedent’s Executor Declines to Serve
Executors are named by wills, but they are not required to serve as estate executors.
If the person, or party, nominated to act as an executor can no longer serve or refuses to serve, a probate court may need to appoint an administrator if no backup executor has been named.
The Shared Responsibilities of Estate Executors and Estate Administrators
Executors are nominated by a will, whereas a court appoints estate administrators.
Aside from this procedural difference, both roles entail near-identical responsibilities. These include, but are not limited to, the following:
Initiating Probate
Probate is a time-sensitive and deadline-driven process.
If an estate is governed by a will or subject to California’s rules of intestacy, probate must typically be initiated as soon as possible. Initiating probate will usually consist of the following steps:
- Determining if the estate is subject to probate.
- Serving a copy of the will to the probate court in the decedent’s county of residence.
- Filing the correct petition to begin probate, with different forms used for estates that have a will and estates that do not have any estate plan.
After the correct petition has been submitted to the probate court, the executor or administrator must send notice of probate proceedings to all interested parties and post notice in a newspaper.
In the context of a California succession, interested parties include the deceased person’s close family members, named heirs, and creditors.
Marshalling, Gathering, and Managing Estate Assets
Before executors and administrators can proceed with probate, they must take a full accounting of the estate and inventory all of its probate assets.
Inventories should include all of the items that were owned or controlled by the decedent:
- Real properties
- Financial accounts
- Cash accounts and cash holdings
- Household furniture
- Motor vehicles
- Jewelry, artwork, and any collections of value
Making an inventory of a decedent’s estate is not as simple as reading through their will and gathering all of the assets noted within. Instead, executors and administrators must make a good-faith effort to locate assets that may have been misplaced, forgotten, or intentionally omitted from the estate. These include any belongings placed in storage units or safe deposit boxes and usually require a little detective work.
After the inventory has been created, the executor or administrator must manage the estate assets until probate is completed. Even if certain types of assets are volatile, executors and administrators could still be held liable for any financial losses sustained during this period.
Assessing Creditor Claims
If somebody dies with debt, their creditors may be able to file a claim against the estate.
However, while some debts survive after death, others do not. It is up to the estate executor or the estate administrator to determine which debts are valid and which should be refused.
Defending the Estate from Challenges
Estate challenges can take the form of heated disputes between heirs and formal contests filed in court. These contests are sometimes triggered by:
- Disagreements about the terms of a will or the division of assets
- Skepticism about a will’s validity or language
- Doubts about the executor or the administrator’s competency
Even if a probate lawsuit is frivolous, the executor or administrator is responsible for defending the estate’s interests. This often necessitates using estate assets to pay court fees, engage in court-ordered mediation, or hire a probate litigation attorney.
Distributing Inheritances
Executors and administrators may only distribute inheritances after the estate’s debts have been paid and all the challenges against it have been resolved.
