ADMINISTRATOR
Back to GlossaryDefinition
A person, usually a relative of the deceased, appointed by the probate court to oversee the probate process when an executor is not named in the will.
Summary
An administrator is a court-appointed individual who manages a deceased person's estate when there is no valid will naming an executor, or when the named executor cannot or will not serve. This person has similar responsibilities to an executor but receives their authority directly from the probate court rather than from the deceased's will. Administrators are typically family members or close relatives, and they must be approved by the court and may need to post a bond to guarantee faithful performance of their duties.
Usage Context
Understanding this term is crucial when studying estate planning, probate procedures, and intestate succession laws, particularly when examining cases where normal testamentary disposition doesn't proceed as planned.
Common Confusions
- Thinking administrator and executor are the same thing
- Believing administrators only handle cases without wills
- Assuming administrators have unlimited power over the estate
- Confusing administrator with attorney or legal counsel
