What's the difference between an Executor and Administrator of an estate?

Simply put, an Executor is named under the Will to be the fiduciary of the estate. If there is no Will (also known as an intestate estate), then anyone can apply to become Administrator of an estate (including creditors).

Both of these appointments are achieved in very much the same way. A Form PC-200 (Petition/Administration or Probate of Will) http://www.ctprobate.gov/Forms/PC-200.pdf is filed with the probate court in the jurisdiction in which the decedent lived, along with other required documentation.

Most people like to know that the right person is going to carry out their wishes and so they appoint that person under the Will. But sometimes the Executor named in the Will is no longer living or unable to act as Executor. In this case, a Successor Executor named under the Will would serve. In the unlikely event that the named Successor Executor is not available to serve, then another family member, or if there is no family, perhaps the family attorney or a dear family friend would apply to the Court to become Administrator.

Either distinction allows the fiduciary to manage the estate assets and make distribution in accordance with the Will or the laws of the intestacy.

Here in CT, however, an Executor has unlimited powers to manage the estate assuming the Will states they have all the proper Fiduciary Powers under CT General Statutes https://www.cga.ct.gov/current/pub/chap_802.htm#sec_45a-234. (An exception to this would be if litigation is pending.) Administrators, on the other hand, have limited powers and must petition to the Court to handle many of the management activities required in a full estate (i.e. pay bills, sell real estate). Jurisdictions differ on this particular issue so check with your Court to be sure you are following all the proper procedures.

To reiterate, both Executors and Administrators are able to manage the estate, but it might be in different ways. The end results will be the same.

*Disclaimer: This post does not constitute legal advise and does not establish a business to client relationship. If you need legal advice you should consult with an attorney.