After the death of a loved one, you will always hear words like executors, personal representatives, and administrators. If you are in the position of managing the deceased person’s assets, you may be wondering what each of these three terms means. What are the duties of a personal representative vs executor? Or what is the difference between an executor and an administrator?
Probate law has many unusual terms that are unique to this area of legislation. All the titles mentioned above essentially refer to a person appointed by the court to administer the deceased’s estate.
In this article, we’ll clarify what personal representative vs. executor vs administrator means, what responsibilities come with each role, and when you should use each term.
A personal representative is a person appointed to represent and manage the possessions of a late person.
The personal representative can be called executor or administrator, depending on the absence of the decedent’s will and how they were appointed to administer the inheritance.
As a result, it is becoming more common to refer to the person responsible for settling the deceased’s assets as the estate’s personal representative.
In Georgia, yes, the personal representatives can also be beneficiaries. However, the individual appointed to manage the estate’s property cannot put their own affairs and interests before those of anyone else involved in the estate.
The personal representative’s job includes legally and correctly enforcing the will throughout the probate estate process.
In Georgia, the term personal representative is an umbrella term only for either executor or administrator of an estate. It would not mean successor trustee, conservator, or legal guardian.
When someone who has passed away leaves a will, the document should identify one individual to act on behalf of the estate. This person is called an executor.
The decedent can name multiple executors to serve, named co-executors.
It is common for the deceased to appoint a primary executor in the will. If that person refuses or cannot fulfill his responsibilities as estate personal representative, others may be appointed to handle the fair and lawful distribution of the inheritance. They are considered successor executors and will only have authority if the primary executor declines the appointment.
The decedent typically designates someone such as their surviving spouse, a family member, a lawyer, or anyone they consider qualified to fulfil their final wishes.
An executor’s job also includes legally and correctly enforcing the will throughout the probate process.
The estate administrator is a person who has been appointed by the probate court to manage the inheritance when the person who passed away didn’t leave a will.
Two situations can occur:
Generally speaking, apart from the appointment of the estate executor, his powers are also established in the will. You must check if the document gives the executor additional authority beyond the default powers under Georgia law.
It is common for a will to list specific actions you’re allowed to take or reference a code section from Georgia law that contains a long list of additional powers for an executor.
If the will does not specify anything, heirs must unanimously consent to give you expanded powers for the court to approve.
You will also need formal consent from all living family members and other descendants to obtain expanded powers.
In both cases, the probate judge may honor or deny the request, but it is more favorable when all heirs are on board.
Generally, an executor oversees the administration of the late person’s estate promptly until it is ready to be distributed to the beneficiaries.
This includes identifying and collecting all the deceased assets, including bank accounts, real estate, and other personal properties, paying debts, financial taxes, and other expenses.
Certain powers are granted to executors by default, as outlined in the will. For other tasks, the executor may need to obtain expanded powers.
When someone passes away without having trust documents but has assets that need to be settled, an individual is formally appointed to administer the estate property, represent the heirs’ best interests, and ensure that everything is handled correctly.
According to the probate estate law, they will be responsible for the administration of inheritance and pay all the estate’s debts before distributing the remaining property to the beneficiaries.
There is a difference between a temporary administrator vs. a permanent administrator:
They have minimal abilities but are often quickly assigned because of emergencies (e.g., imminent property foreclosure). There may be a time limit on how long the temporary administrator can serve before they have to file for permanent letters.
They have minimal authority and can only take action to protect and preserve estate assets and nothing else. The temporary administrator may be required to serve with a bond and submit inventory and annual income tax returns.
When a permanent administrator is officially appointed, they will have certain powers and greater flexibility in the estate’s day-to-day management.
Yes, the term personal representative encompasses both executors and administrators and can be used to appropriately refer to someone in either position.
Both serve the same purpose. The primary difference is the way they were appointed: if they were named by the deceased through a will, then they are called executors.
The personal representative appointed through the probate process when the deceased doesn’t have a will is called an administrator.
The cost of being an executor can vary depending on the county, the estate’s size, and the associated legal fees according to state law.
Keeping communication lines open with heirs and beneficiaries helps manage expectations and minimize conflicts.
As an executor, you can be held personally liable in certain situations. You can best protect yourself if you understand these areas of liability:
Yes, the term personal representatives encompasses both executors and administrators.
The term “executor” is more specific than personal representatives, meaning the late person had a last will and testament with named executors.
Both personal representatives and administrators mean the same thing, the terms being interchangeable.
However, the term “administrator” is more specific, indicating that the decedent died intestate.
The primary role of the personal representative is to manage and settle the deceased’s estate. If there is a will, the personal representative must follow the deceased person’s final wishes as stated in the bequest.
Here is a breakdown of the various responsibilities that come with the role:
Regardless of their personal opinion, they must be fair and distribute assets based on what heirs or beneficiaries legally own.
They will identify and protect all the estate assets like bank accounts, investment accounts, personal property, vehicles, or other possessions like jewelry. And will also be responsible for opening an estate bank account to hold all the collected funds.
We highly recommend keeping a detailed inventory of the estate to address any potential disputes in the future.
Once appointed, they must identify all creditors and any outstanding payments owed by the deceased. Next, they will run a creditor or debtor ad through the local newspaper to notify them that they may now come forward to file their claim.
Once the creditors submit their claims, the personal representative will pay them according to a creditor priority established by the Georgia probate law. As a rule, they must use estate assets to settle debts before distributing what remains to heirs and beneficiaries.
The representative must follow Georgia law and honor the last will’s provisions while distributing assets.
If the estate has run out of liquid assets and he still needs to pay debts and taxes, he may need to sell some of the deceased’s property to cover these financial obligations.
If the court asks the representative to obtain a bond, create inventories, or submit annual returns, he must promptly follow these requirements.
After distributing the remaining assets to heirs and beneficiaries, the representative may now file for discharge from his role as executor.
Once the court accepts his discharge paperwork, he may receive a liability shield to protect himself from any beneficiary, heir, or creditor attempting to file against you in the future.
Being a personal representative is not always straightforward, and you might run into questions or situations that need legal insight.
If you need more precise information or the expertise of a probate attorney, contact our office at (770) 796-4582 to set up a consultation.
Having the proper support can make all the difference as you face the responsibilities and challenges of distributing a deceased person’s estate and need to understand what a personal representative vs. executor vs administrator is.
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Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate attorneys provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.
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