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What is an administrator? Kiritsis Law Group 212 922 0005

May 13, 2021

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

An administrator, often refers to a male (the feminine form is administratrix), who is appointed by a court of proper jurisdiction, to carry the settlement of a person’s estate who has died without a will. Administrators and executors have similar job descriptions, since they are both personal administrators of a dead person’s estate. However, an executor is typically designated by the will, whereas, an administrator is appointed to represent the estate when someone has died without a will, the will has not appointed an executor and/or there is not appointed an executor and/or there is no executor who is willing to act. Depending on the jurisdiction an administrator is NOT the same thing as an executor. An administrator’s powers are enabled upon the court granting Letters of Administration, while an executor’s powers are enabled upon the death of the deceased. Being an administrator, could involve large liability exposure. Depending on the jurisdiction, an administrator’s liability, may possibly be limited by one or more of the following: statutory language (i.e. immunity, defenses, burden shift), insurance and/or indemnification policies, and use of 3rd party outsource providers.

 

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