In the face of losing someone you love, probate can feel overwhelming. The process can be incredibly overwhelming because of all the unfamiliar terms that pop up in probate matters. Two big terms that come up early in probate cases are “executor” and “estate administrator.” Administrators and executors do many of the same things, but how do these roles differ? In Texas, the roles of an estate administrator vs. an executor mainly differ in how these individuals are appointed. These roles may also differ in the types of estates they handle.
Below, we provide an overview of the distinctions between executors and estate administrators.
We are here to tell you that you do not have to handle probate matters alone. Our team of award-winning estate attorneys can have your back and stand beside you through any probate matter. Reach out to us today to schedule an appointment.
Executor vs. Administrator of Estate: The Similarities
In general, executors and estate administrators have the same job. They are a deceased person’s (decedent’s) personal representative. Executors and administrators must ensure that the proper beneficiaries receive their shares of a decedent’s estate and that the decedent’s creditors receive any payments owed.
Paying debts and distributing shares of a decedent’s estate are the basics of probate, and executors and administrators handle the details of the process. However, how executors and administrators come into their roles, and the type of probate each might have to handle can vary greatly.
Differences in How Executors and Administrators Are Appointed
Someone becomes an executor by being named the executor in a decedent’s will and being qualified to carry out the work of an executor. If the executor named in the will is not available to or qualified to administer the decedent’s estate, they may have authority (under the will) to appoint an administrator, or the court might have to appoint an administrator to deal with the estate. Also, if an individual passes away without a will, the court appoints an administrator to handle their assets.
Differences in Qualifying to Be an Administrator of an Estate vs. an Executor
In general, executors and administrators cannot carry out their personal representative duties if one of the following circumstances applies to them:
- They have a felony conviction on their record;
- They are a corporation that does not have authority to act as a fiduciary in Texas;
- They are incapacitated;
- They are a not a Texas resident and do not have a resident agent to accept service of process for probate matters; or
- The court does not find them suitable to handle the job.
While one of the above-listed issues could prevent an individual from being an executor or administrator, executors have a little more leeway to qualify for the position.
Unlike an administrator, an executor with a felony conviction can act as the personal representative of an estate if:
- They are otherwise qualified to be an executor,
- The decedent named them in the will as the executor, and
- The court approves the executor’s position.
Executors and administrators share the core responsibilities of managing the estate, settling debts, and distributing assets. However, executors’ and administrators’ authority and instructions may come from different sources.
Differences in How Executors and Administrators Must Handle Estates
When it comes to an estate administrator vs. an executor in a probate matter, the rules each must follow to fulfill their positions can be quite different. Since an executor gains their role from being named in a will, they will likely have to follow the terms of the will when managing the decedent’s estate. An administrator might also have to follow the terms of a will if they become an administrator because the executor is disqualified.
However, some administrators gain their roles because the decedent died without a will. Administrators for estates without wills must follow Texas’s rules of intestate succession. The rules of intestate succession might require an administrator to distribute estate shares to a decedent’s living spouse first or to surviving children, parents, or siblings if the decedent does not leave behind a spouse.
Disputes Affecting Administrators and Executors
Unfortunately, there might be many fights in a probate case that can affect executor or administrator duties, including:
- Whether a decedent’s will is valid,
- Whether an executor or administrator is qualified to do the job, or
- What to do if an executor or administrator can no longer manage the estate.
These types of disputes can prolong the grief of losing a loved one and the stress of putting a loved one’s affairs in order. However, attorney guidance can reduce this stress and help you honor your loved one’s last wishes.
Contact Robbins Estate Law Today
Figuring out how the differences between estate administrators and executors may apply in your loved one’s probate case could be the first of many legal issues you face after suffering a loss. Robbins Estate Law is here to address every probate issue and answer your probate questions. We are skilled practitioners who have received top honors and care deeply about handling the needs of Texas families. Please call us or contact us online to schedule a consultation.
Resource List
- Texas State Law Library, General Information, link
- Texas State Law Library, Formal Administration, link
- Texas Estates Code, §254.006, link
- Texas Estates Code, §304.003, link
- Texas Estates Code, §201.001, link
Kyle Robbins
Kyle Robbins is the founder and sole owner of The Law
Offices of Kyle Robbins. He received his J.D. with honors from the University of Texas School of Law and his B.S. in Food Chemistry and Microbiology from Oklahoma State University.
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