Executor vs. Administrator: What’s the Difference, and What Does Each Actually Do?
If you’ve been named to handle a loved one’s estate, you may be wondering whether you’re an executor or an administrator, and whether that distinction actually matters. Here’s a plain-English breakdown of both roles.
What Is an Executor?
An executor is the person named in a valid will to carry out the deceased’s wishes and manage their estate through probate. If your loved one left a will and named you in it, you’ll typically petition the court to be formally appointed as executor.
What Is an Administrator?
An administrator serves the same basic function, but is appointed when there’s no valid will, or when the will didn’t name someone able to serve. The probate court appoints an administrator, often a close family member, following Texas law’s order of priority.
What Do They Actually Do?
Whether you’re an executor or an administrator, the day-to-day responsibilities are largely the same: taking inventory of the estate’s assets, notifying creditors and paying valid debts, managing and protecting property (including real estate) during probate, filing required court documents and accountings, and eventually distributing what remains to the heirs or beneficiaries.
Do You Need an Attorney Either Way?
Yes. Whether you’re serving as executor or administrator, Texas probate has specific legal requirements, and a probate attorney can help make sure you’re meeting them correctly and on time.
What This Means If You’re Selling the Property
In both roles, you’ll generally need the court’s authority, often through Letters Testamentary for executors or Letters of Administration for administrators, before you can list, sell, or transfer real estate that belongs to the estate. Your real estate agent and attorney can work together once that authority is in place.
Whichever role you’re in, you don’t have to navigate it alone. An experienced attorney and a probate-savvy real estate agent can help you move through the process with confidence.