Who is the Executor or Administrator of my Will?
Getting your will right first time is a serious matter – but it’s not always easy, especially with so many different legal terms.
You might’ve heard terms like ‘Executor’, ‘Personal representative’ and ‘Administrator’ and wondered what it all means.
What’s the difference between an executor, administrator, or personal representative?
Executors, Administrators, and Personal representatives all administer your estate after you’ve passed away.
What is an Executor?
An Executor is a person appointed by you in your will. It’s their job to carry out your final wishes.
In films, the executor is usually the person who gathers everyone to their office to read the will aloud – although in reality, most executors will simply notify the relevant parties, sign important forms, settle your affairs, and distribute your possessions to loved ones.
What is an Administrator?
An Administrator is appointed by the courts to administer the estate if someone dies without a Will. When there’s no will, the estate will be divided among relatives according to the rules of intestacy.
Only people who stand to inherit can become Administrators. First, they must apply for a Grant of Probate, giving them legal permission to manage the estate.
The role is the same as a named executor, but administrators must strictly follow the intestacy laws unless a deed of variation is signed by all beneficiaries allowing for changes to the Will – for example, giving gifts to people who wouldn’t inherit under the law.
What is a personal representative?
‘Personal representative’ is often used to mean Executor or Administrator. You might also hear it to describe a group of Executors or Administrators of a will.
What responsibilities does an Executor have?
Being an Executor can be a big challenge. There are a lot of legal requirements and processes that must be followed, and it can take a lot of time completing probate. For this reason, solicitors and spouses are a common choice of Executor.
Generally, an Executor will:
Find your original will or reporting one missing
Apply for probate and pay any fees
Collect or secure your assets
Give away your possessions to your named beneficiaries
Pay outstanding taxes and bills
Sell property and possessions
Inform relevant authorities, including HMRC
Send the right forms to beneficiaries and state bodies
Keep accurate records of work
Work with other executors if more than one is named
Always choose someone you trust to handle your affairs seriously and responsibly.
Who’s allowed to become an Administrator or Executor?
An administrator must be entitled to receive an inheritance from under intestacy laws. The courts will refuse to appoint anyone who wouldn’t typically benefit, such as relatives through marriage.
If multiple people apply to be an administrator, the right to deal with the estate will be granted to the person with the best claim, according to the law.
The order of priority is:
Spouses or partners
Children
Grandchildren
Parents
Siblings
Nieces and nephews
Grandparents
How can I become an administrator or executor?
Executors and administrators must apply for probate before they can act in any capacity. It takes around one to two months – but can take longer if there isn’t a will.
This is one reason why having a will is so important: by explicitly naming someone to legally handle your affairs, it makes the process smoother for your loved ones during a difficult time.
When applying for probate, make sure you have:
An original or certified copy of the will if available
Paid probate fees
Original or interim death certificate
Reported the estate’s estimated value
Submitted relevant inheritance tax forms
Chat to one of our solicitors
Whether you want to write a will or you need to make a grant of probate, it’s good to talk through these big life events with a legal professional. The team at Hannah Solicitors are here to make your life easier and give peace of mind to you and your family.
Get in touch and let us know how we can support you.