If you've been tasked with settling an estate in 2025, your formal title depends entirely on one document: The Will. Whether you are called an Executor or an Administrator, your legal liability is identical.
The Umbrella Term: Personal Representative
The Executor
Hand-picked by the deceased in the Will. Authorized by Letters Testamentary.
The Administrator
Picked by the court because no Will exists. Authorized by Letters of Administration.
Side-by-Side Comparison
| Feature | Executor | Administrator |
|---|---|---|
| Bond Required? | Often waived in Will | Almost Always Required |
| Distribution | Per the Will | Per State Intestacy Laws |
| Legal Doc | Letters Testamentary | Letters of Administration |
Starting the Paperwork?
Whether you're an executor or administrator, the first step is knowing the estate value. Use our calculator to estimate costs.
Calculate Start-up CostsFrequently Asked Questions
Does an executor have more power than an administrator?
Not necessarily. Both have the same legal fiduciary duty to the estate. The main difference is the source of their authority and the rules they must follow for asset distribution.
What if the named executor doesn't want to serve?
They can file a declination with the court. The court will then look for a successor executor named in the will or appoint an administrator.
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