Executor vs Administrator: Key Differences

When a person passes away, every asset and liability they leave behind is collectively referred to as the “estate.” This estate encompasses everything from bank accounts and investments to real estate, personal belongings and even outstanding debts. Because those items must be gathered, valued and ultimately distributed to heirs or creditors, a responsible party is appointed to oversee the process. Depending on the circumstances, that party is either called an executor (named in a will) or an administrator (appointed by the court when no will exists). Their job is to shepherd the estate through probate, ensure debts and taxes are paid, and see that the decedent’s wishes or state succession laws are faithfully carried out. Below are the key differences between an executor vs administrator.

Consider working with a financial planner as you create or update an estate plan.

A Note on State Laws

It’s important to note that laws covering estate planning, like property law, are extremely state-specific. As a result, we’ll discuss the subject of executors and administrators from a very general perspective. Most states share the same general definitions for these roles, and most appoint them using similar procedures. However, beyond that, the details will vary widely. Some states don’t even share the same general principles.

What Is an Executor?

Executors and administrators both manage the estate and assets of someone who has passed. For the most part, these roles typically share the same rights and responsibilities.

An executor (or executrix for females) is someone who has been named in a last will and testament to administer the decedent’s estate.

Overall, the job of an executor is to ensure that the decedent’s estate is protected and distributed to all legal heirs. Depending on the size of the estate, this can be complicated, but most of the time it requires a few main responsibilities:

Gather or identify the decedent’s assets and preserve them intact;
Pay any debts and taxes that the decedent still owes;
Distribute the estate according to the terms of the will; and
To the extent that the estate cannot be fully distributed based on the terms of the will, identify any existing heirs and distribute the remainder of the estate.

For someone who has a simple estate or a simple will, this process can be very straightforward. However, this isn’t always the case. Often an executor will have to divide up property or find missing assets based on the terms of the will. In other cases, the executor will have to sell off assets in order pay remaining debts or taxes. This can take a significant amount of time and effort depending on the size of the estate.

Usually the biggest challenge for an executor is ensuring that the estate is distributed according to the terms of the will. If the decedent made a complicated will or set conditions under which different heirs can inherit, this can lead to a lengthy process of determining exactly who is the legal heir for any given asset. If someone challenges the will, the executor is responsible for defending it, or seeing that it is defended.

An executor will usually receive compensation for their time. Typically this compensation is written into the will. In many places, if the will does not provide for specific compensation, state law allows for executors to claim a statutorily approved rate of compensation.

What Is an Administrator?

An administrator serves the same role as an executor. They manage the assets of someone who has passed and see that those assets go to the legal heirs. The biggest difference is that an administrator is appointed by the probate court in cases where someone dies without a will. This is known as dying intestate. Since they have died without a will, the decedent could not name an executor. So the court appoints an administrator to handle their affairs.

An administrator’s job is technically identical to that of an executor: gather the estate’s assets, pay off any debts and distribute the remainder among the legal heirs.

The main difference is that, because an administrator doesn’t have a will to work from, they must base their decisions on statute. An administrator is first and foremost responsible finding any potential heirs. This can be difficult as, in many cases, people may not have known that a relative has died or may not have even been in contact.

Then the administrator must determine who is legally entitled to which portions of the estate and distribute the property accordingly. If anyone challenges their inheritance, the administrator is responsible for defending the issue.

Like an executor, an administrator is entitled to reasonable payment for their time. The details of compensation differ between states.

Who Can Serve as an Executor or Administrator?

State laws define who is eligible to serve as an executor (when there is a will) or administrator (when there isn’t). While the specific rules can vary, most states require the person to meet the following criteria:

Legal adult: The individual must be at least 18 years old (some states require 21).
Mental competence: They must be of sound mind, meaning capable of making rational decisions.
No serious criminal record: Most states prohibit individuals with felony convictions or those currently under legal restraint from serving.
Residency: Some states require the executor to be a resident of the same state where the estate is being probated, or at least designate a co-executor or registered agent in that state.

If a will names a specific executor, probate courts typically respect this choice unless the person is disqualified or unwilling to serve. However, if there is no will (or if no named executor is available), the probate court will appoint an administrator according to a statutory priority list. This list may differ slightly by jurisdiction but often includes:

Surviving spouse or registered domestic partner
Adult children
Parents
Siblings
Other relatives or heirs
A public administrator or professional fiduciary, if no family members are available

It’s important to note that courts prioritize individuals who have a legal or financial interest in the estate. A close family member is generally first in line, especially if they are the deceased’s next of kin. If multiple eligible individuals are available, and there’s disagreement about who should serve, the court may step in to make a decision based on who it deems most suitable.

How to Appoint an Executor in Your Will

Appointing an executor in your will ensures that someone you trust is legally empowered to manage your estate after your death. Because this role comes with significant responsibility — including gathering assets, paying debts and distributing property — it’s essential to make the choice thoughtfully and document it correctly. Here’s how:

Choose someone responsible and trustworthy. Your executor should be organized, ethical and capable of making financial decisions under pressure. This person doesn’t need to be a legal or financial expert, as they can hire professionals to help, but they should be comfortable handling administrative tasks. A spouse, adult child, sibling or trusted friend is often a good choice.
Ask for their consent. Serving as an executor can be time-consuming and occasionally stressful. Before naming someone in your will, have a conversation to confirm they’re willing and able to take on the role.
Designate a backup (or two). Life is unpredictable. Your primary choice could pass away, become incapacitated, or decline to serve. Naming one or two alternate executors ensures your plan remains intact if the first person can’t fulfill their duties.
Include them clearly in your will. Your last will and testament should include the full legal name of your chosen executor, along with their relationship to you. For example: “I appoint my daughter, Angela Marie Johnson, to serve as the executor of my estate.”
Consider professional assistance for complex estates. If your estate involves significant wealth, business ownership, property in multiple states or family conflict, you may want to name a professional fiduciary, trust company or attorney as executor.
Work with an estate planning attorney. A lawyer can help ensure your will complies with your state’s legal requirements and that your executor appointment is enforceable. This step is particularly important if your estate plan is complex or you’re concerned about potential challenges.
Keep your executor informed and updated. Let your chosen executor know where to find your will and important financial records. If your estate plan changes significantly (e.g., you acquire new assets or change beneficiaries), be sure to update your will accordingly and inform your executor.

Selecting and legally naming an executor is one of the most important steps you can take in estate planning, bringing clarity to your final wishes and providing reassurance that your affairs will be managed smoothly when the time comes.

Bottom Line

An executor manages your estate after you pass. An administrator is someone who takes charge of your estate if you die without a will. Keep in mind that estate law is state-specific. While most states share the same general practices, there are few, if any, federal laws that govern estates and inheritance. This is why it’s important to consult a local attorney before making any decisions on your own assets and estate.

Tips on Estate Planning

While it’s not pleasant to plan for what happens after you’ve passed, it’s especially important if you have family. Working with a financial advisor is the wisest way to go about this. Finding a qualified financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with financial advisors in your area. You can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor, get started now.
Estate taxes can be hefty, but you can maximize inheritance for your family by gifting portions of your estate in advance to heirs, or even setting up a trust.
Some inherited assets can have tax implications. Before you spend or invest your inheritance, read more inheritance taxes and exemptions.