What’s the Difference Between an Executor and an Administrator?

July 2024

If you’re responsible for administering the estate of someone who has died, you may be doing so as an executor or as an administrator. Though these roles are very similar, there are key differences and it’s important to understand what these are.

What is an executor?

An executor is someone who has been appointed in a Will to take care of the estate of the testator (or will-maker) after their death. If you have been named as an executor, this means that you automatically have the right to start acting on behalf of the estate and to apply for a Grant of Probate if necessary.

Just because you have been appointed as an executor, this does not mean that you have to take on the role. Everyone has the right to turn down the responsibility of administering an estate if they so wish. They also have the right to choose not to act right away but to reserve the right to change their mind later on in the process.

What is an administrator?

If someone you know dies without leaving a valid Will, you might not be sure who the responsibility for administering the estate should fall to. In these cases, those individuals who were closest to the person who has died will need to apply to the Probate Registry for permission to do this.

In this situation, those individuals will not apply for a Grant of Probate but for a Grant of Letters of Administration. When this is granted, the individuals will be appointed as administrators by the court and will take on much the same role on behalf of an estate as executors would.

It might be necessary for an administrator to be appointed in situations where there is a valid Will if no executors were named, or if those that were are unable or unwilling to act.

There is an order of priority for who can apply to be an administrator:

1. The spouse or civil partner of the person who has died.
2. The child of the person who has died.
3. The grandchild of the person who has died.
4. The parent of the person who has died.
5. The sibling of the person who has died.
6. The niece or nephew of the person who has died.
7. Any other relative of the person who has died.

Unmarried partners, step-children or business partners are not generally able to act as administrators. In situations where there are no relatives to act, the court will appoint a treasury solicitor acting on behalf of the crown to the role.

What is a personal representative?

You might also hear the term ‘personal representative’ of an estate. This is a collective term that encompasses both executors and administrators to describe someone who is acting on behalf of an estate after a death.

Are there any practical differences?

The bulk of the work involved in administering an estate will be the same whichever type of personal representative you are.

However, there are two key differences:

1. Starting to act: If you have been appointed as an executor in a Will, you will usually be involved right from the beginning of the process. At this stage, you will need to begin gathering as much information as possible about the estate in order to be able to complete an inheritance tax form and apply for a Grant of Probate (if necessary). Alternatively, if there is no valid Will, you will need to actively decide to step forward as an administrator of an estate. You will then need to assess the estate before putting in your application to the Probate Registry for a Letters of Administration.
2. Distributing the estate: If you have been named as an executor in a Will, when it comes time to distribute the remaining assets of an estate amongst the beneficiaries, you will do this in accordance with the terms of the Will. If you are acting as an administrator and there is no valid Will, you will need to distribute assets in accordance with the intestacy rules.

Where can you find support?

Whether you are acting as an executor or an administrator, the task of winding up an estate can be long and complicated. If you’re unsure about how best to proceed, if you have encountered a complex issue, if you’re trying to deal with a dispute or if you’re simply struggling to find the time to manage the paperwork: there is help available.

An experienced probate solicitor will be able to step in to support you wherever you are in the process. Whether you need some initial guidance about where to start, whether you need help navigating a particularly difficult estate or whether you need a professional to step in and handle the whole thing on your behalf, please don’t hesitate to get in touch.

You might also find it helpful to read our free eBook: What to Do When Someone Dies: A Guide to Your Legal Responsibilities.