Administrator Of Estate With No Will
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FAQ
An administrator is also referred to as an executor. However, legally speaking, an administrator is appointed by a court when the decedent has not named an executor in their will or if a named executor refuses or is unable to assume the responsibilities. A court cannot force a named executor to fulfill their duties.
If a person dies leaving a valid will, and the will names a person who is to execute the will and administer the estate, this person is called an executor. However, when the person in charge of administering the estate is not named in a will, that person is called an administrator.
An executor named in a Last Will and Testament is entitled to administer an estate. If there is no Last Will and Testament, the closest relative is entitled to apply to the court to become the administrator of the estate.
The difference is the way in which they have been appointed. An Executor is nominated within the Will of a deceased person. If there is no Will, an Administrator is appointed by a Court to manage or administer a decedent's estate.
If a person dies without a will they are considered intestate "without a will". Therefore that person's property and estate is distributed ing to the state that is their home state. Real property is handled ing to state law. The distribution of all property is by relationship to the deceased.
