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What Is an Executor? How Does and Executor Differ from An Estate Administrator?

Feb. 1, 2021

Executors and administrators are both appointed by the court to take charge of an estate. They are both referred to as “personal representative of the estate.” The powers and responsibilities of executors and administrators are identical. The difference is that an executor is someone nominated in the will and the administrator is not nominated in the will.

Obviously, if there is no will, whoever gets appointed will be an administrator. If there is a will, but the person appointed is not nominated in the will, then they are an “administrator with will annexed.”

Executors are not appointed in a will. They are only nominated. No one is actually an executor until they have petitioned the court to be appointed and the court grants the petition.

The legal opinions stated herein are general and do not necessarily apply to particular situations. If you have a specific legal problem, contact an attorney.

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