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    Defining the Role of an Estate Administrator

    Defining the Role of an Estate Administrator

    Most people know what the role of an executor is. Your executor (also called a personal representative) is the person you have named in your Will to distribute your estate assets to your beneficiaries and wrap up your estate. But who distributes your assets and wraps up your estate if you die without a Will? This is called dying "intestate" and it means that an administrator would be appointed by the court to manage and distribute your assets to your heirs, as designated by law.

    The appointment of an administrator is required for the estate of every intestate deceased person and also for every estate whose owner had a Will but whose named executor is not willing or able to act. Where an executor is named by testator of the Will, the administrator is a court-appointed person or entity. An administrator can be a natural person or a company or firm.

    In some ways, the administrator's role is almost identical to that of an executor. Each of them has a fiduciary duty to the estate and the beneficiaries or heirs. Each must gather together all of the assets of the deceased person, determine the value of each asset, file the final tax return, pay the estate's debts, and distribute the assets to the beneficiaries / heirs.

    The main difference is this - it is your decision and completely at your discretion to name the person who acts as your executor. You have control over the process. Whereas in the case of an administrator, it is the Probate Court who makes this decision.

    And an administrator's scope of authority is restricted by the fact that he or she can only act in accordance with the law. In contrast, you can grant your executor extra powers in your Will, which may not be addressed by law. However, your executor cannot do anything illegal regardless of what you have stated in your Will.

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