While the scope of the two roles is very similar, executors and administrators are appointed in different ways and it’s therefore important to understand the difference, as Jennifer Russell, associate in the Private Client team at law firm Lodders, explains.

What are the duties of a personal representative?

After someone has died, one or more executors or administrators – collectively known as personal representatives – will be responsible for dealing with the deceased’s estate. This includes:

• calculating and paying any inheritance tax due
• if necessary, obtaining a grant of representation to prove their authority to deal with the estate and that the will, if there is one, is valid
• collecting in the deceased’s assets
• paying any debts owed by the deceased, funeral costs and administration expenses
• distributing the estate to the deceased’s beneficiaries, as set out in the will or according to the rules of intestacy, as appropriate

What is an executor?

If the deceased left a valid will or codicil appointing one or more individuals (or a trust corporation, which is a company authorised to administer estates) that are willing and able to administer the estate, they are known as executors.

Executors are entitled to apply for a grant of probate, if needed, to prove that the will is valid and that they are authorised to deal with the deceased’s estate. They are responsible for distributing the estate to the beneficiaries named in the will.

What is an administrator?

If there is no valid will, then The Non-Contentious Probate Rules 1987 sets out who is entitled to deal with the estate, according to an order of priority. In this case, such a person is known as an administrator.

The administrator(s) will apply for the grant, which in this case is a ‘grant of letters of administration,’ to prove their authority to deal with the estate. They will be responsible for distributing the estate to the beneficiaries entitled under the rules of intestacy.

The order of who can apply to obtain the grant of letters of administration is as follows:

1. spouse or civil partner of the deceased
2. children of the deceased, which can include adopted children and children born outside of marriage
3. parent(s) of the deceased
4. the deceased’s brothers or sisters who share the same parents, or if they have died, those siblings’ children
5. the deceased’s half-brother or half-sisters, or if they have died, their children
6. grandparent(s) of the deceased
7. uncle(s)or aunt(s) of the deceased who share the same parents as a parent as the deceased, or if they have died, their children
8. uncle(s) or aunt(s) of the deceased who share one parent with a parent of the deceased, or if they have died, their children

If this entire list of family members is exhausted, then the Treasury Solicitor, on behalf of the Crown may claim the estate as being bona vacantia (‘ownerless assets’) and because of the claim, the Treasury Solicitor may apply for the grant.

Additionally, if the deceased owed a debt that has not been paid then a creditor may apply for the grant to recoup the money owed.

What happens if no executor is named in the will (or is named but cannot or will not act)?

If the deceased left a valid will or codicil but there is no named executor willing and able to act, then there is an order to priority that sets out who is entitled to take out the grant (in this case, a ‘grant of letters of administration with will annexed’). This will often be the beneficiaries entitled to the residuary estate.

This type of grant can be issued in certain other situations as well, for example where an executor wishes to act through an attorney. The estate will be distributed in accordance with the terms of the will.

Who can be a personal representative?

Generally speaking, anyone can act as a personal representative, however there are some legal requirements that must be adhered to. For instance, a personal representative must be over 18, mentally capable and not bankrupt.

If a personal representative does not complete the administration of the estate, different rules than those mentioned above may apply, setting out who is entitled to continue their work.

What is the difference between an executor and an administrator?

Other than the terminology, the main difference between executors and administrators is that an executor’s authority derives from the will, with the grant of probate confirming their authority, whilst administrators are appointed by the court. After the grant of letters of administration has been issued (and subject to any limitations in the grant), an administrator will have the same rights and responsibilities as an executor.

Although the roles of executor and administrator are very similar, writing a will means an individual can choose who will take on the important role of dealing with their estate following their death. Whilst it is not necessary to inform someone that they have named them as an executor, it is always advisable to do so in case they would prefer not to take on the role – they are not obliged to act as executor and could choose not to.

About the author

Jennifer Russell is an associate in Lodders’ Private Client team, specialising in tax and trusts, wills and estate planning, for individuals, families and trustees. Jennifer is a full member of the Society of Trusts and Estate Practitioners (STEP).

See also

The duties of an executor: what to do when someone dies

Place a deceased estates notice

How to calculate and pay tax after someone dies

What are the intestacy rules in England and Wales?

Find out more

The Non-Contentious Probate Rules 1987 (Legislation)

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Publication date: 31 May 2023

Any opinion expressed in this article is that of the author and the author alone, and does not necessarily represent that of The Gazette.