What is the Difference Between an Executor and Administrator of an Estate

One of the most important aspects of estate planning is identifying someone who will act on your behalf after you pass away. This person will be legally authorized to manage your affairs, including paying debts and fees related to the administration of your estate, transferring your property, and distributing your remaining property to your loved ones.

The individual who handles your affairs after your death is known generically as the Personal Representative of your estate. If you identify this person in your Last Will and Testament as part of the estate planning process, the Personal Representative is called an estate Executor. If you die without a Will, the probate court will select this person for you, in which case your Personal Representative is called an estate Administrator.

In practice, there is little difference between an estate Executor and an estate Administrator, and many people use these terms interchangeably. These individuals have the same goal: ensuring your assets are accounted for, your debts are paid, and your remaining property is distributed to your heirs and beneficiaries.

What Is a Personal Representative?

A Personal Representative is the generic term for a person selected to administer a deceased person’s estate.

A Personal Representative has a fiduciary duty to the estate and must act in good faith, with honesty, loyalty, and candor, in the best interests of the estate and its beneficiaries.

It is lawful and common for a personal representative to be a beneficiary of the estate for which they are named as Executor or Administrator.

What Does a Personal Representative Do?

Whether they are an Executor or Administrator, the Personal Representative is tasked with managing and settling a deceased person’s estate. This includes:

• Gathering and safeguarding the deceased person’s assets;
• Locating the deceased person’s Will, if they had one;
• Deciding whether probate is necessary;
• Working closely with a probate attorney;
• Handling probate paperwork and court filings;
• Valuing estate assets and, when necessary, obtaining professional appraisals;
• Identifying debts and taxes the deceased person owes and determining whether the claim was properly and timely presented;
• Paying legitimate debts and taxes the estate owes;
• Identifying and contacting the deceased person’s heirs and beneficiaries to notify them of the death;
• Winding down the deceased person’s affairs, such as closing accounts, paying final bills, and filing final tax returns;
• Distributing the remaining property to estate beneficiaries identified in the deceased person’s Will or, if they died without a Will, according to state intestacy laws.

Regardless of whether the Person Representative enters the probate process as an Executor or Administrator, they are responsible for managing the deceased person’s affairs and ensuring a fair and lawful distribution of estate assets.

Is a Personal Representative the Same as an Executor?

A Personal Representative is the person who oversees a deceased person’s estate. An estate Executor is a personal representative named in the deceased person’s Will. When someone dies without a Will and the probate court appoints a Personal Representative, that person is known as the estate Administrator.

Estate Executor

An estate Executor is a Personal Representative named in the deceased person’s Will. The Executor can be a relative, but does not have to be. You should give careful thought and consideration to who you choose as the Executor of your estate, as this person will have significant responsibility over your assets.

To be named as an estate Executor in Nevada, the person you identify must:

• Be at least 18 years old;
• Have no recent felony convictions;

A person cannot act as an estate executor if they have been convicted of financial crimes like fraud, theft, or embezzlement. People who are not U.S. citizens cannot act as the Executor of your estate.

Estate Administrator

An estate Administrator is a Personal Representative who was appointed by the probate court to oversee the estate of a person who died without a Will. The duties of the Administrator are the same as those of an Executor.

In Nevada, the relatives of the deceased person are entitled to be appointed as estate Administrator in the following order of priority:

• Surviving spouse;
• Children;
• A parent;
• A brother or sister;
• Grandchildren;
• Any other kin who is entitled to share in the distribution of the estate.

To qualify, the person named as estate Administrator must:

• Be at least 18 years old;
• Have no felony convictions;
• Not have a compelling reason that would disqualify them from serving;
• Be a resident of the State of Nevada.

Contact the Vander Laan Law Firm for Your Probate and Estate Planning Needs

An estate Executor and Administrator are two types of Personal Representatives. An estate Executor was named in the deceased person’s Will, while an estate Administrator is appointed by the probate court. The key distinction is how the person is appointed.

If you need assistance choosing your estate Executor as part of your estate plan or a loved one recently passed away and you need help appointing an estate Administrator, the Vander Laan Law Firm, LLC, can help.

Natalia Vander Laan is an experienced and highly sought-after probate and estate planning attorney in Nevada’s Carson Valley. To put her expertise to work for you, contact the Vander Laan Law Firm today.