What is the main difference between an executor and an administrator?

The main difference between an executor and an administrator lies in how they are appointed and the context in which they operate. An executor is specifically named in a will, meaning they are designated by the deceased individual to carry out the terms of that will and manage the estate. This role is granted upon the testator’s death, and the executor’s authority typically comes from the will itself, assuming it is valid and legally recognized.

Conversely, an administrator is appointed by the court when a deceased person has not left a valid will, which is termed as dying intestate. In such cases, the court will appoint an administrator to handle the estate according to the laws of intestacy. This is necessary because without a will, there is no appointed person to manage the deceased's affairs.

Understanding this distinction is crucial for navigating the probate process. Executors and administrators have similar responsibilities in managing the estate, paying debts, and distributing assets, but their paths to those roles are fundamentally different based on the existence or absence of a will.