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An estate's administrator is the person legally responsible for settling a deceased person's estate when there is no will. This role includes gathering assets, paying debts, and distributing what remains to beneficiaries. It is crucial to understand the importance of this position, as it plays a significant function in the probate process and aligns with the administrator of the estate responsibilities.
A beneficiary collects what was given to them. They do not have to take part in the responsibilities as an executor does. Beneficiaries can also acquire a trust from the deceased individual. There may be benefits to trusts due to varying types of trusts.
A Personal Representative, or executor, has 365 days in which to administer the estate of the deceased and to distribute their assets to the Beneficiaries. As complex estates can take longer than a year to wind up, this isn't a strict deadline.
After one year, if the executor doesn't complete their duties, beneficiaries may demand payment (possibly with interest) by taking the executor to court.
The major difference between an Estate Executor, otherwise known as Personal Representative, and an Estate Administrator is that the former is personally chosen by the deceased in their will, while the latter is appointed by the court if the deceased has died intestate (without a will).
Some of the most common and vital powers an administrator holds are: Collection of an estate's assets. ... Payments to creditors. ... Filing paperwork to the probate court. ... Sale of real estate and personal property. ... Disposition of assets to heirs.