Administrator
An Administrator is an individual appointed by a court to manage and distribute the estate of a deceased person who died intestate (without leaving a will). The administrator’s duties typically include gathering the deceased’s assets, paying off debts and taxes, and distributing the remaining assets to the rightful heirs according to state laws. The role is similar to that of an executor, but an executor is named in a will, whereas an administrator is appointed when no valid will exists.
Examples
- John’s Estate: John passed away without a will. The court appointed his daughter Emily as the administrator of his estate to ensure that all his assets were properly distributed to his next of kin after paying off any debts.
- Multi-state Assets: When Maria died intestate, the court appointed an administrator because her property portfolio, which included real estate in multiple states, needed structured and lawful handling.
Frequently Asked Questions (FAQs)
Q1: How is an administrator appointed? A1: An administrator is appointed by the probate court in the jurisdiction where the deceased resided. This often involves a family member or close relative petitioning the court for the appointment.
Q2: What is the difference between an executor and an administrator? A2: An executor is designated in a will by the deceased to manage their estate. An administrator, on the other hand, is appointed by the court when there is no valid will.
Q3: What are the responsibilities of an administrator? A3: The main duties include collecting and managing assets, paying debts and taxes, and distributing the remaining assets to the legal heirs.
Q4: Can an administrator be removed? A4: Yes, an administrator can be removed by the court if they fail to fulfill their duties properly or are found to be acting against the interests of the estate or its beneficiaries.
Q5: Is an administrator paid for their work? A5: Administrators are typically entitled to a fee for their services, which is paid out of the estate’s assets. The fee’s structure can vary by jurisdiction and the estate’s complexity.
Related Terms
Executor
An executor is a person designated in a will to manage the estate of a deceased person. The executor ensures that the deceased’s wishes, as detailed in the will, are followed.
Intestacy
Intestacy refers to the condition of an estate of a person who dies without a will. Various state laws determine how the assets of the estate are distributed.
Probate
Probate is the judicial process by which a will is proved valid or invalid. It also generally includes the handling of the estate of a deceased person, whether there is a will or not.
Fiduciary
A fiduciary is a person who has the power and obligation to act for another under circumstances which require total trust, good faith, and honesty.
Online Resources
- Nolo’s Intestate Succession FAQ: Nolo’s Guide to Intestate Succession
- American Bar Association Guide to Wills and Estates: Useful for understanding broader estate planning, including roles like administrators.
Suggested Books for Further Studies
- “Estate Planning Basics” by Denis Clifford: Offers a comprehensive overview of estate planning, detailing roles like administrators and executors.
- “The Executor’s Handbook” by Theodore E. Hughes, David Klein: A practical guide for executors and administrators managing an estate.
- “Administering the California Special Needs Trust: A Guide for Special Needs Beneficiaries, Their Families, and Their Attorneys” by Michele Fuller: While specific to California, offers good practices for administrators.
