When you lose someone you love, you may face many hard decisions. One question that often comes up is who will handle your loved one’s estate? Fortunately, the answer depends on whether your loved one left a will.
Two key roles in probate administration
During probate, someone needs to manage your loved one’s final affairs. This person will pay outstanding bills, gather assets and distribute property to the rightful heirs. If your loved one created a will, this person will be called an executor. On the other hand, an administrator handles the estate when no will exists. Both take charge of the probate process and make sure everything gets handled properly.
While both roles do similar work, they differ in important ways. Therefore, knowing these differences helps you get through the probate process more easily.
Five critical differences you should know:
While executors and administrators do similar jobs, they get their power from different places. Here are the key differences that set them apart:
- Source of appointment: Your loved one picked the executor before they died and named this person in their will. In contrast, the court picks an administrator when no will exists or when the named executor can’t serve.
- Governing authority: The will guides the executor’s choices and actions throughout the probate process. Meanwhile, state laws direct the administrator and decide who gets what from the estate.
- Timeline of authority: An executor’s power begins once the court approves the will. However, an administrator must wait for the court to give formal approval, which often takes longer.
- Selection and priority: The deceased’s wishes decide who becomes executor. Conversely, state law creates a priority list for administrators, with surviving spouses usually ranking first.
- Legal hurdles and court oversight: Executors usually face less court watching during estate management. On the other hand, administrators often need court approval for big decisions and may need to post a bond.
As you can see, these differences directly affect how quickly and smoothly the probate process moves forward. Knowing which role fits your situation helps you set realistic expectations.
Honoring your loved one’s final wishes
In the end, probate can feel overwhelming during this hard time. However, knowing who manages your loved one’s estate brings clarity to a confusing process. When you understand whether an executor or administrator should step forward, you can focus on honoring the memory and wishes of the person you lost.
