The difference between executor and administrator of estate comes down to how the person came to be in charge of the estate. Someone who is appointed through the will of the person who died is called executor. There is not much of a practical difference between them.
Because of that, many states have abolished the naming difference between executor and administrator altogether. If you are concerned with the difference between executor and administrator and would like to consult an attorney, you can send us an email at attorneyalbertgoodwin gmail. An estate executor is someone who is in charge of an estate due to being nominated in the will. Being nominated as an executor in a will in and of itself is not enough to start acting on behalf of an estate.
Letters Testamentary is a document has many safety features, such as watermarks. It looks similar to other New York documents that have to do with birth and death: Letters Testamentary look similar to a birth certificate or death certificate. It which would look something like this:. Once appointed, an executor will receive enough Certificates of Appointment of Executor to present to every bank and other institution when they marshal the assets of the estate.
The Certificates of Appointment also have watermarks and security features. The difference between in the difference between executor and administrator of estate is not a big one in this regard either. The certificates look very similar. This is what a Certificate of Appointment of Executor of estate executor of a will would look like:.
An estate Administrator is usually someone who is appointed by the court to be in charge of an estate of a person who died without a will. The person most closely related to the person who died has the biggest preference in being appointed the administrator of their estate.
Here is the order of preference of becoming an estate administrator :. If no relative steps forward, then the public administrator of the county where the decedent lived steps forward and becomes the administrator of the estate. The public administrator is also involved in any estate where the administrator is a cousin, niece or nephew or further relationship to the decedent. An administrator can also be appointed if the executor originally named in the will is not available, when the executor either cannot be found, died, cannot or do not want to serve as the executor of estate or executor of will.
They look something like this:. This is what a Certificate of Appointment of Administrator would look like:. A female administrator used to be called administratrix and a female executor used to be called executrix but that definition no longer plays a role, as that distinction has been eliminated by the courts in favor of gender-neutral language. It is now against court rules to refer to someone as administratrix or executrix, only executor or administrator is allowed.
Administratrix and executrix are terms that only pop up occasionally, in older wills that were executed before this court rule went into effect. Once an executor or administrator is appointed by the court, they can start performing their duties in accordance with New York law. The duties include things like finding marshaling the assets of the decent, paying debts taxes and fees and distributing the assets in accordance with the will.
It is important to perform those functions correctly, so that all beneficiaries receive their shares and all proper creditors get their claims satisfied. Otherwise, the person in charge of the estate may risk being personally liable to the beneficiaries or creditors of the estate. No difference between executor and administrator in that regard. When a person applies to be administrator, however, the court will do some additional checking.
Another difference between executor and administrator is that the potential administrator may be required to show how they are related to the decedent , in order to demonstrate to the court that they are the closest living relative and as such, have the preference to serve as the administrator. This is called kinship.
There are certain differences between administrators and executors besides the name , one of which being that an executor derives his powers from the Will itself, whilst an administrator derives his powers from the Grant of Letters of Administration, which is the document issued by the Court that confirms the appointment of the administrator. This means that an executor has full authority in relation to the estate from the moment of death, whilst an administrator does not.
It is an established principle of law that an administrator cannot sue on behalf of the estate until he has obtained a Grant. A fairly common example where it might be necessary to take legal action on behalf of an estate, would be where an estate includes a property that is let to tenants, and those tenants stop paying rent. Ordinarily, you would launch eviction proceedings as soon as possible to remove them from the property and recover any unpaid rent.
From time to time during the Estate Administration process, you may be required to produce certain documents or receipts. Being able to produce them in a timely and organized manner will keep the Estate Administration advancing in an organized and efficient manner. The North Carolina General Statutes set forth specific rules regarding the Estate Administration process that govern:. Remember, as Executor or Trustee you are personally liable for complying with the law—meaning that if you make a mistake, you could be held responsible by a Court to correct the error.
If such error caused financial harm to the Estate, then you would need to reimburse the Estate from your personal savings to correct the error. Therefore, many Executors and Trustees hire a law firm to assist them with the Estate Administration process. Remember, this is a marathon, not a sprint. In addition to grieving the loss of a loved one, chances are that you have other responsibilities such as family obligations, a job, etc.
Again, hiring a law firm to assist you can help ease some of the administrative burden so you can get back to your day-to-day responsibilities. As explained in our free guide, Understanding Estate Administration , the appointment of the executor, administrator, or personal representative is addressed during the Legal Authority phase of an estate administration.
Request your copy to learn more about the estate administration process in North Carolina.
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