What is Difference between Personal Representative, Executor, and Administrator in Probate?

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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.

3. Executor: An executor is an individual specifically named in a person's will to carry out the instructions outlined in the will. The deceased person appoints the executor during their lifetime, and upon their death, the executor's role becomes effective. The executor's responsibilities typically include filing the will with the probate court, managing the estate's assets, paying debts and taxes, and distributing assets to the beneficiaries as stipulated in the will.

To go back over, the key distinction lies in how each role is established. An executor is named in the will, while a personal representative and administrator are either designated by the court or appointed based on state laws when there is no will. Ultimately, all three roles share the common objective of handling the estate's affairs and ensuring the proper distribution of assets to the beneficiaries or heirs.

Dorsey's Realty Disclaimer: This information provided herein is intended for general informational purposes only and is not intended to serve as legal advice. The real estate agent/broker does not provide legal services or act as a legal representative. The content of this disclaimer is subject to change without notice and may not reflect the most current legal developments. Contact an attorney for legal matters and concerns.