Executor and Administrator Duties

Understand the responsibilities that may come with handling a loved one’s estate.

What Is the Difference Between an Executor and an Administrator?

An executor is usually the person named in a will to handle the estate.
An administrator is usually the person appointed to handle the estate when there is no will, or when the named executor cannot or will not serve.
Both roles may involve similar responsibilities. Depending on the state or locality, the person handling the estate may also be called a personal representative, fiduciary, or estate representative.
  • Simple Definitions
  • Executor: The person named in a will to handle the estate.
  • Administrator: The person appointed to handle the estate when there is no will or when no named executor is serving.
  • Personal Representative: A general term that may refer to either an executor or administrator.

Getting Authority to Act

Before someone can officially act for the estate, they may need to qualify through the local probate office, clerk’s office, or court. Once qualified, the personal representative may receive documents showing their legal authority to act on behalf of the estate.
  • Early responsibilities may include:
  • Locating the original will, if there is one
  • Ordering certified death certificates
  • Identifying heirs and beneficiaries
  • Securing the home, vehicles, and personal property
  • Gathering financial records
  • Determining whether there are probate assets
  • Opening an estate bank account, if appropriate
It is important not to rush into major financial decisions before authority is clear.

Managing the Estate Carefully

A major part of serving as executor or administrator is identifying and protecting estate assets. This may include bank accounts, brokerage accounts, real estate, vehicles, personal property, business interests, insurance, and other assets.
The personal representative may also need to pay valid debts, handle expenses, work with tax professionals, and file required documents such as inventories or accountings.
  • Common responsibilities may include:
  • Forwarding mail
  • Contacting banks and financial institutions
  • Managing an estate account
  • Securing real estate and checking insurance coverage
  • Paying valid expenses and debts
  • Tracking receipts, invoices, checks, and statements
  • Filing inventories, accountings, or reports
  • Preparing for final distributions
  • Important:
  • Good records are one of the best protections for an executor or administrator. Keep copies of statements, receipts, bills, checks, tax documents, filings, and beneficiary communications from the beginning.

Communicating and Closing the Estate Properly

Executors and administrators often need to communicate with heirs and beneficiaries. Clear communication can reduce confusion, frustration, and conflict, especially when distributions may take longer than expected.
Before distributing assets, the personal representative should make sure debts, expenses, taxes, filings, and required approvals have been handled. Distributions should not be rushed, because unexpected claims or mistakes can create problems later.
  • Common risk areas include:
  • Mixing estate funds with personal funds
  • Failing to keep records
  • Ignoring deadlines
  • Paying beneficiaries before creditors
  • Distributing assets too early
  • Failing to file taxes or accountings
  • Misusing estate property
  • Poor communication with beneficiaries
Serving as executor or administrator can involve personal liability in some situations. When the estate is complicated, disputed, insolvent, or tax-heavy, professional guidance may be important.

Serving as Executor or Administrator?

The Probate Nation library includes episodes that explain many of the responsibilities you may face, from qualification and asset collection to accounting, taxes, real estate, and final distributions.
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