Executors
and Administrators are those entitled to manage a person’s estate once they
have died. Executors are appointed in a Will and would usually apply for a Grant
of Probate. Administrators are instead determined by the intestacy rules and are generally the individual’s
nearest family members and those entitled to inherit the estate.
Executors
derive their power from the Will and will not always need to obtain a Grant of
Probate. Administrators on the other hand derive their power from the Letters
of Administration. This means that unlike an executor, an administrator does
have not have full authority in relation to the estate and instead will be
limited in the actions that they can take before the Letters of Administration
are obtained.
Here we set
out the main differences between an Executor and an Administrator;
Executors
- Authority
is automatic and takes effect on the death of the individual
- Powers
can be exercised immediately, and the deceased’s assets (excluding any land or property) can be sold in advance of the
Grant of Probate. A Grant of Probate will usually be required to exchange on the
sale of land or property.
- Executors
can sue on behalf of the estate and be sued themselves from the death of the
deceased.
- Executors
must follow the deceased’s wishes as set out in their Will.
- If
only one executor is appointed or wishes to act, then an executor can act on their
own.
- If there are multiple executors and an executor
does not wish to act, they have the option to renounce their role or have power
reserved to them if they may want to act at a later date.
| Administrators
- Powers
can only be exercised once the Letters of Administration have been granted by
the Court.
- Administrators
cannot deal with the deceased’s property or assets until the Letters of
Administration are received. This means for example that a car cannot be sold
and a property cannot be listed for sale until Letters of Administration are received.
- An
administrator cannot sue on behalf of the estate or be sued until the Letters of
Administration are received.
- An
administrator will need to determine who is entitled to inherit the estate
under the intestacy rules and locate any
beneficiaries. This will require research into the deceased’s family tree.
- If
there are any minor beneficiaries, there must be at least 2 administrators
appointed by the Court.
- An individual entitled to apply to be an
administrator may renounce their entitlement however they cannot have power
reserved to them.
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If you
would like to discuss any of the above or need assistance with an intestate estate
or the probate process generally please contact Jasmin Howlett on 01394 277 941
or jasmin@fairstep.co.uk
alternatively fill out our contact form, and we would be happy to discuss your requirements in further detail.
