Executor vs Administrator

Attorney Sabrina Winters

Executor vs Administrator:

The difference between and Executor and an Administratior depends on how that person is appointed.  An Executor is named in a will, so an individual will name a person in their will to make sure that the will is taken to a probate court when that person passes away so the will is probated, and that's an Executor.  If the person passed away without a will, or anything in writing, that person is said to be called an Administrator.  They have the same responsibilities, the same fiduciary responsibilities to the estate; their title comes from the proceeding.  With a will, it's called a "probate"; without a will, it's called an "administration.

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