The Role Of Executors And Administrators In Probate: Duties And Responsibilities
Posted on: 30 August 2023
The probate process can be intricate, involving multiple steps to ensure the deceased's assets are distributed according to their last will and testament. Two central figures in this process are the executor and the administrator. Their roles, though distinct in some aspects, are pivotal in ensuring the smooth progression of probate proceedings.
Executor: A Chosen Guide Through Probate
An executor is a person named in a will by the deceased to manage their estate after their death. Being chosen as an executor is a sign of trust and respect, as the deceased believed this individual would act in the best interest of the beneficiaries and the estate.
The executor's primary duty is to ensure the deceased's wishes, as stated in the will, are honored. This responsibility involves various tasks, including:
-
Locating the Will: The executor must find the original will to initiate the probate process.
-
Taking Inventory: They must list out all the deceased's assets, from real estate to personal property, and even digital assets in some modern instances.
-
Paying Off Debts: Before distributing assets to beneficiaries, the executor must use the estate's funds to pay off any outstanding debts, taxes, or bills the deceased owed.
-
Distributing Assets: Once all debts are settled, the executor can distribute the remaining assets among the beneficiaries as the will dictates.
-
Addressing Disputes: If there's any contention among the beneficiaries or any ambiguity in the will, the executor must resolve these issues, which might sometimes involve seeking legal counsel.
An executor can be anyone the deceased trusted, and may or may not be an attorney.
Administrator: Stepping In When No Will Exists
In cases where the deceased didn't leave a will or didn't name an executor, or if the named executor is unable or unwilling to act, the court will appoint an administrator. Their role is similar to an executor, but there are some key differences.
The most notable distinction is the absence of a will to guide decisions. Instead, the administrator follows the state's intestacy laws to distribute assets. These laws typically distribute the deceased's assets to the closest living relatives, like a spouse, children, or parents. The exact distribution can vary based on the state and the specific family circumstances.
Just like an executor, an administrator must settle the deceased's debts before distributing assets. They also might need to sell assets to cover these debts, especially if the estate lacks enough liquid funds. Given the absence of a will, the administrator's role can be even more challenging, especially if disputes arise among potential heirs. Contact a local probate attorney for more information.
Share