The difference between an executor and an administrator comes down to who did the choosing. An executor is chosen by you, in your will. An administrator is chosen by a probate judge, because you left no will, your will was rejected, or the person you named cannot or will not serve.
Once appointed, the day-to-day work looks much the same: inventory the assets, notify creditors, pay valid debts and taxes, and distribute what is left. The critical difference is the last step. An administrator does not distribute according to your preferences, because there are none on record. Distribution follows the state's intestacy statute — a fixed formula of spouse, children, parents, siblings, in a set order.
Who gets appointed is also statutory rather than discretionary. Most states publish a priority list, typically starting with the surviving spouse and moving outward through adult children and other relatives. When several people share the same priority and disagree about who should serve, the court resolves it, and that hearing is often the first bill the estate pays.
Courts also frequently require an administrator to post a bond — an insurance instrument protecting beneficiaries against mismanagement — where a well-drafted will would typically have waived it. That cost, paid out of the estate, is one of the quieter prices of dying without a will.
Frequently asked
- Who does the court pick as administrator?
- State law sets a priority order rather than leaving it to the judge's preference. The surviving spouse usually comes first, then adult children, then parents and siblings, with creditors and a public administrator far down the list. The exact ordering varies by state. Where two people of equal standing both want the role, or where nobody wants it, the court holds a hearing — which costs the estate time and money that a named executor would have avoided.
- Can an administrator decide who inherits?
- No, and it is worth being blunt about this because families often assume otherwise. An administrator executes a formula written by the legislature. They cannot honor a promise you made verbally, favor the child who provided care, or give anything to an unmarried partner, a stepchild who was never adopted, or a close friend. If a distribution feels unjust to the family, the administrator is not the person who can fix it.
- What is the bond requirement about?
- A bond is a surety policy that pays beneficiaries if the administrator mishandles estate funds. Courts commonly require one when there is no will, since nobody vetted the appointee in advance. The premium comes out of the estate, so it reduces what beneficiaries receive. Wills typically waive the requirement for the executor named in them, which is a small, concrete example of what a will saves your family.