When a client meets with an estate planning attorney, one of the most basic concerns is about who will make sure all of this work gets done. You might be tempted to ask the estate planning lawyer to do that job, but most folks in the profession try to separate their roles from the executive functions of the estate.

Instead, the primary figure handling an estate is usually a person called the executor. However, it could end up being an administrator or even a successor. If that has you feeling a bit confused, it's time to clear things up by looking at who each person is and what they do.

Three Titles for Fundamentally the Same Job

An estate can have an executor or administrator, but it can't have both. Likewise, a successor becomes the executor if they succeed to the job. Fundamentally, no matter who is doing the job, they are doing the work expected of an executor.

Why Are There Three Possible Titles?

Ideally, an estate only ever needs to have an executor. The role of the administrator or successor only comes into play if there isn't an executor.

Suppose someone dies intestate, meaning they passed without writing a will. The court will appoint an administrator to handle the estate. An administrator might also take over if a beneficiary successfully sues a named executor for fraud, incompetence, or negligence. In that scenario, the judge would remove the executor from their role and appoint an administrator.

The big difference between an executor and administrator is that an administrator answers directly to the judge. Generally, an executor can do their job mostly by executing the will and filing basic paperwork with the county's probate court.

An administrator does all of that, but they also have to affirm to the court that any issues have been ironed out. For example, they have to explain how they determined what a person's wishes were for their estate if they died without a will. In cases involving the removal of the executor, they have to remedy whatever issues had led to the removal.

Successors

An estate planning attorney usually wants someone to be the executor. Unfortunately, an executor might die, become incapacitated, get sick, or be otherwise unavailable for unforeseen reasons.

To address that potential scenario, an estate planning lawyer will ask you to name at least one successor. A successor is simply a person who takes over as executor if the originally named one can't do the job. They are the backup executor.

Contact a local estate planning attorney if you have other questions.