Sorting out a loved one’s affairs after death can feel overwhelming. Questions about who pays bills, files papers, or hands out property pop up right away.
At Bromlow Law, PLLC, in Katy, Texas, attorney Laura L. Bromlow has been guiding families through these moments for more than two decades.
In this article, we break down the difference between an executor and an administrator so you can see how each role fits into probate.
What Is an Administrator?
An administrator steps in when no valid will exists or when the will forgets to name a personal representative. The probate court chooses this person, often following a statutory priority list that starts with the surviving spouse and moves outward to other relatives.
Once appointed, the administrator accepts the job of collecting assets, paying lawful debts, and distributing anything left under state intestacy rules.
This role involves paying filing costs, publication notices, and other court-related expenses from estate funds.
Courts keep a close eye on every action, so administrators often work with accountants, realtors, or attorneys to meet deadlines and keep records straight.
What Is an Executor?
An executor is the individual named in a will to settle the estate. Because the testator chose this person ahead of time, the executor can begin safeguarding property rights after death, though letters testamentary from the court are still required to move assets officially. The executor follows the written instructions in the will, which may include selling a house, transferring a family business, or setting up a trust for minors.
Every decision carries a fiduciary duty, which means the executor must put beneficiaries first, avoid self-dealing, and keep clear records. Court costs, like filing the will for probate, are paid from estate funds, and the executor signs the checks.
Main Differences Between Administrators and Executors
People often mix up the titles because the day-to-day work overlaps, yet the path to authority is different. An executor gains power through the will, while an administrator receives power from the judge when someone dies intestate.
This timing gap matters because an executor can secure bank accounts or valuables quickly, but an administrator must wait for the formal grant of administration.
The following table offers a quick side-by-side view.
| Feature | Executor | Administrator |
| Chosen By | Named in a valid will | Appointed by the probate court |
| Start Date | Soon after death, once letters testamentary are issued | After the court grants administration |
| Guiding Rules | Terms of the will and state law | State intestacy statute and court orders |
| Can Decline? | Yes, an alternate may step in | Yes, the court selects the next in line |
| Fiduciary Duty | Yes | Yes |
Although both executors and administrators oversee estate affairs, their titles reflect different origins of authority. An executor’s power comes from being named in a will, while an administrator’s power is granted by a court order, usually in the absence of a will.
Common Duties of Administrators and Executors
Both roles shoulder the same core workload, whether chosen by a will or a judge. Mistakes can bring personal liability, so careful record-keeping is vital.
Core Responsibilities
You will notice the tasks echo each other from start to finish:
- Identify and safeguard every asset, from bank accounts to family heirlooms.
- Notify creditors, insurers, and named beneficiaries about the death and the pending probate.
- Pay valid bills, court costs, and taxes, including possible estate or income tax returns.
- Invest or liquidate assets prudently while the estate remains open.
- Prepare and file required inventories, accountings, and other court forms.
- Distribute property according to the will or, when there is no will, the state’s intestate plan.
- Defend the estate against lawsuits or creditor claims that lack merit.
- Maintain detailed books showing every receipt and disbursement.
- Provide periodic updates to the court and interested parties.
- Act in good faith, never placing personal benefit above the estate’s welfare.
Keeping clear communication with heirs reduces disputes and cuts down on costly hearings.
Compensation for Administrators and Executors
Settling an estate often feels like a part-time job, sometimes full-time for larger estates. Most states let personal representatives collect a fee that mirrors the size and difficulty of the task. If the will sets a dollar amount or percentage, that figure usually controls unless it is plainly unreasonable.
Where the will is silent, courts lean on state fee schedules or ask for documented hours and expenses. Below is a brief rundown of factors that often guide the judge:
- Total value of estate assets and income earned during administration.
- Time spent, measured through logs or invoices.
- Skills needed such as handling a closely held business or complex tax issues.
- Results achieved, including savings on taxes or higher sale prices.
Even when payment is allowed, the fiduciary duty still applies, so personal representatives cannot inflate charges or delay closing the estate just to earn a higher fee.
Limitations on Powers of Administrators and Executors
The probate court grants wide authority, yet guardrails remain in place. Failing to respect them can lead to removal or personal liability. Below are common restraints you should keep in mind.
Legal and Ethical Constraints
- The will’s instructions control asset transfers, charitable gifts, and guardianship provisions.
- State statutes dictate creditor notice periods, homestead protections, and intestate shares when no will exists.
- Fiduciary duty bars self-dealing, secret profits, or favoritism among heirs.
- Major moves, such as selling a home or making early distributions, may need court approval first.
- Some wills place extra limits, for example, requiring beneficiary consent before selling heirlooms.
By staying within these boundaries and seeking guidance when in doubt, administrators and executors lower the risk of lawsuits and delays.
Need Help? Contact Bromlow Law, PLLC
Grasping the difference between an executor and an administrator helps families pick the right person and avoid surprises later. If you would like seasoned guidance, Bromlow Law, PLLC, is ready to help with probate, trust matters, and future planning.
Call us at 281-665-3807 or visit our Contact Us page to set up a conversation. We focus on smooth administration and clear communication, aiming for results that honor your goals and protect those you care about.