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The Executor is responsible for wrapping up the deceased person's affairs and distributing the assets to, or for the benefit of, the persons named in the will (beneficiaries). An Administrator is the person in charge of the estate when my someone dies without a Last Will and Testament.
Administrators. If no living executors are named in the will, or if the executors named can't or don't wish to act, or there is no will, then one or more beneficiaries can apply to act as an administrator. A beneficiary is appointed an administrator once a 'grant of letters of administration with Will annexed' is given
Typically, it takes four to six weeks after the decedent's death to appoint an executor or administrator. Even in the most routine probates, the law requires a minimum four-month wait after the Notice to Creditors has been issued before any action can be taken to distribute or close the estate.
First, the person who makes the will, also known as the testator, can name an individual to be the executor. The testator would stipulate this appointment in the will. Once the testator passes away, the named executor may have to submit a petition to the appropriate probate court to be confirmed as the executor.
8465. (a) The court may appoint as administrator a person nominated by a person otherwise entitled to appointment or by the guardian or conservator of the estate of a person otherwise entitled to appointment. The nomination shall be made in writing and filed with the court.
Duties and Responsibilities After debts, taxes, and expenses are paid, the remaining assets are distributed to the decedent's beneficiaries.It is the executor's or the administrator's responsibility to collect and distribute the assets and to pay any death taxes and expenses of the decedent.
How is an Administrator of an estate appointed? Letters of Administration can be made by the Supreme Court where a person dies without leaving a Will or without an executor. Once granted, the appointed person will be the Administrator of the estate, just like an Executor appointed in a Will.
Appointment of Executor or Administrator In the absence of a will, the court appoints an administrator for the estate, typically the next of kin. Completion of the executor or administrator appointment takes about six to eight weeks once the executor files the petition or the court makes a selection.
An administrator can be appointed by: the board of directors of a company taking a majority decision. the shareholders of a company at a general meeting. a qualifying floating charge holder meaning a debenture holder, usually a bank.