What is the difference between a Personal Representative, Executor, and Administrator in probate?
While going thru probate with Dorsey's Realty, a Personal Representative, Executor, and Administrator are all roles involved in the administration of an estate after someone passes away. While their primary responsibilities are similar, there are some key differences between them. Let's go through each role individually:
1. Administrator: An administrator, also known as an administratrix (if female), is similar to an executor but is appointed by the court when there is no valid will (intestate estate) or when the appointed executor is unable or unwilling to fulfill their duties. The administrator's role is essentially the same as an executor, which involves managing the estate, paying debts and taxes, and distributing assets according to the laws of intestacy or the court's instructions.
2. Personal Representative: This term is used in some jurisdictions, such as Florida, to refer to the person responsible for administering an estate. The Personal Representative may be designated in the decedent's will or appointed by the court if there is no will. Their main duty is to gather the assets of the estate, pay any debts or taxes owed, and distribute the remaining assets to the beneficiaries or heirs according to the will or state law.
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