Administrator
Also called: estate administrator, administrator of the estate
Updated June 7, 2026
How an administrator is appointed
When there is no will, the court follows a priority list set by state law — typically the surviving spouse first, then adult children, then other relatives — to choose who will serve. Any interested person can petition the court, and the court may require the administrator to post a bond as protection for the estate's beneficiaries.
Administrator, executor, personal representative
The job is the same regardless of the title. An executor is named in a will; an administrator is court-appointed when no will exists or no named executor can act. Many states use the umbrella term personal representative for either role, which is why you may see all three terms on the same court form.
Why the distinction matters to your family
Naming an executor in a valid will lets your family choose who handles your estate. Without one, the court chooses. Keeping your will somewhere it can be found — and telling your executor where to look — is the step that turns that choice into reality.
Related terms
- Executor — An executor is the person named in a will to carry out its instructions — gathering the deceased's assets, paying debts and taxes, and distributing what remains to the beneficiaries. The executor is accountable to the probate court and must act in the interest of the estate, not their own.
- Personal Representative — Personal representative is a neutral legal term used in many states to refer to the person responsible for administering a deceased person's estate — whether they were named in a will (an executor) or appointed by a court without one (an administrator). Using one term for both roles simplifies court paperwork and reflects that the duties are identical.
- Probate — Probate is the court-supervised process of proving a will is valid, settling the deceased's debts and taxes, and distributing what remains to the people entitled to it. It applies whether or not there is a will, and it is overseen by a probate court in the county where the person lived.
- Intestate — Intestate means dying without a valid will. When that happens, state law — called intestate succession — decides who inherits, in a fixed order that usually favors a spouse and children, then other close relatives. The court appoints an administrator to settle the estate.
- Letters of Administration — Letters of administration is a document issued by a probate court that formally authorizes a court-appointed administrator to manage and settle an estate when the deceased left no will, or when the named executor cannot serve. It serves the same practical purpose as letters testamentary — proving legal authority to act — but applies to intestate estates.
Legatus Vault keeps your wills, trusts, and estate documents in one secure place and releases them — only when the time comes, and only after careful verification — to the people you choose.