What is the difference between an Administrator and Executor?
When someone dies, the responsibility of managing their estate doesn’t disappear — it gets assigned. Depending on whether or not there’s a valid will, that responsibility falls to either an executor or an administrator.
While these roles are often used interchangeably in casual conversation, they are legally distinct, even though the day-to-day duties are largely the same. Understanding the difference matters, especially if you’ve been named (or appointed) to step into one of these roles.
Executor vs. Administrator: What’s the Difference?
The simplest way to understand the distinction is this:
Executor → chosen by the deceased in their will
Administrator → appointed by the court when there is no will, or when the named executor can’t serve
Both roles exist to do the same core job: settle the estate. The key difference is who chooses them and what rules guide their decisions.
What is an Executor?
An executor is the person named in a valid will to carry out the deceased person’s wishes.
Typical executor duties include:
Filing the will with the probate court
Collecting and safeguarding assets (bank accounts, property, investments, valuables)
Paying debts, taxes, and estate expenses
Distributing what remains to the beneficiaries named in the will
Think of the executor as the person the deceased personally trusted to handle their affairs.
What is an Administrator?
An administrator is appointed by the court when:
There is no will
The will doesn’t name an executor
The named executor has died, declined, or is otherwise unable to serve
Administrators perform nearly the same tasks as executors—collecting assets, paying debts, and distributing property.
The critical difference is that an administrator does not follow a will. Instead, they must distribute the estate according to state intestacy laws, which set a default order of inheritance when no will exists.
In short: an administrator is the court-chosen version of an executor.
How Probate Differs With and Without a Will
Probate With a Will (Testate Probate)
The executor named in the will is appointed by the court
The executor follows the instructions laid out in the will
Assets are distributed according to the deceased’s wishes
This process is often more straightforward because there’s already a roadmap.
Probate Without a Will (Intestate Probate)
The court appoints an administrator
The estate is distributed according to state intestacy laws
Personal wishes, relationships, or verbal promises don’t control the outcome
Can I Bow Out of Being an Executor or Administrator?
You slippery one you. We have good news for you - You are not trapped in the role. The law allows for renunciation or resignation. You don’t need a “special” reason to resign, but you do need to let the court know why. “I decline to serve” is usually enough. The courts care more about seamless handoff than your reason.
Renouncing Before You Begin
If you haven’t started the probate process yet, you can formally decline the role by filing a renunciation form with the probate court. The court will then appoint an alternate executor (if one is named in the will) or another eligible family member/creditor (if there’s no will).
Resigning After You’ve Started
If you’ve already been appointed and begun the process, you can petition the court to resign. You’ll usually need to file an accounting of what you’ve done so far (assets collected, bills paid, etc.) so the next executor/administrator has a clear record. The court will then assign a replacement. The replacement will either be an alternate executor, a co-executor, or a court-appointed administrator.
Key Documents Executors and Administrators Need
Documents You’ll Need to Start
At minimum:
Multiple certified copies of the death certificate
The will (if one exists)
Financial records, account statements, and tax returns
Court-Issued Authority Documents
After reviewing the probate filing, the court issues official authorization:
Letters Testamentary → when there’s a valid will naming an executor
Letters of Administration → when there’s no will or no executor available
These documents prove your legal authority to act on behalf of the estate—access accounts, pay debts, sell property, and distribute assets.
Where Executors and Administrators Can Get Help
You don’t have to do this alone. Common sources of support include:
Estate attorneys – probate filings and legal compliance
CPAs or tax preparers – final income and estate tax returns
Financial advisors – asset management during probate
Good Grief – tools, checklists, and guidance to keep everything organized
Additional Resources
American Bar Association – Probate Basics
https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/probate/National Center for State Courts – Probate Resources
https://www.ncsc.org/
Quick Reference Guide: Executor vs. Administrator
| Category | Executor | Administrator |
|---|---|---|
| Who appoints them | Named in a will by the deceased | Appointed by the court |
| When used | When a valid will exists | When no will exists or the executor is unavailable |
| Duties | File will, pay debts and taxes, distribute assets | Collect assets, pay debts and taxes, distribute assets |
| Guided by | Instructions in the will | State intestacy laws |