What's the difference between an executor and an administrator of an estate?
Answer: An executor is named in a will, while an administrator is appointed by the court when someone dies without a will (intestate) or when the named executor cannot serve. Both roles have identical responsibilities in managing estate assets during probate.
3 Key Reasons an Estate May Need an Administrator
Estates typically require probate unless they qualify for small estate administration or the decedent established a trust to avoid probate. If any portion of an estate is subject to probate, someone must manage its assets until probate concludes. The court may authorize an administrator when:
1. The Deceased Person Died Intestate
When someone passes away without a will, trust, or estate plan, they are said to have died "intestate." In the absence of valid instructions for succession, the probate court determines how inheritances should be distributed using statutory rules and legal guidelines. These rules typically favor the deceased person's surviving spouse, children, and other close relatives.
2. The Named Executor Cannot or Will Not Serve
Almost any adult can serve as an estate executor, but circumstances may prevent them from serving:
- Incompetence: Heirs can challenge an executor's ability to administer assets in the estate's interests
- Refusal to serve: Executors are nominated by wills but not required to serve
- Death or incapacity: The named executor may predecease the testator or become unable to serve
3. Court-Ordered Removal
If issues arise with the executor's competence or handling of complex estate assets, the probate court could order their removal. This highlights the importance of selecting the right executor for your California estate to ensure smooth estate administration.
Shared Responsibilities of Executors and Administrators
Aside from the procedural difference in appointment, both roles entail nearly identical responsibilities:
Initiating Probate
Probate is a time-sensitive, 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 through:
- Determining if the estate is subject to probate
- Filing the correct petition to begin probate
- Serving notice to all interested parties and posting notice in a newspaper
Asset Management and Inventory
Before proceeding with probate, executors and administrators must take full accounting of the estate and inventory all probate assets, including:
- Real properties
- Financial accounts and cash holdings
- Household furniture and personal belongings
- Motor vehicles
- Jewelry, artwork, and valuable collections
This process often requires detective work to locate assets in storage units or safe deposit boxes that may have been forgotten or intentionally omitted.
Creditor Claims Assessment
When someone dies with debt, creditors may file claims against the estate. However, not all debts survive after death. The executor or administrator must determine which debts are valid and which should be refused, as discussed in our guide on estate tax responsibilities.
Estate Defense and Distribution
Executors and administrators must defend the estate from challenges, which may include:
- Disagreements about will terms or asset division
- Questions about a will's validity
- Doubts about the fiduciary's competency
Only after resolving all debts and challenges can inheritances be distributed to beneficiaries.
Key Takeaway for Estate Planning in Torrance
Understanding the difference between executors and administrators is crucial for proper estate planning. To avoid court-appointed administration, ensure your estate plan includes a properly executed will naming a competent executor, or better yet, establish a trust to avoid probate entirely.
Related Topics: Estate planning for unmarried couples | Importance of having a will
