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Do executors and administrators have the same rights in regards to estates? what differs them?


Do executors and administrators have the same rights in regards to estates? what differs them?

An executor is appointed by a will, to administer an estate for which there is a will.

An administrator is appointed by a probate judge to administer an estate without a will (intestate). Executors and administrators have broadly the same powers, the difference being that the administrator's is statutory and the executor's may vary in accordance with the terms of the will. The heirs of an intestate estate are determined by law, and may (especially in England and elsewhere in Europe) include parents and distant relatives that -- if the decedent knew about it -- s/he would not wish to leave money to.

There are also will substitutes (joint tenancy; life insurance; revocable living trusts) that may be used in conjunction with a will, or to avoid probate. (Especially in California where probate is relatively expensive.)

ADDENDUM; You have said you are Canadian. In civil law systems there is no Estate (as there is in common-law systems, including all the Canadian provinces except Quebec). Instead there is a "succession". Some principles of civil law systems appear here and there in the USA: community property; notarial wills (Louisiana); forced heirship (until fairly recently in Louisiana; now applicable only to minor or disabled children). There are other arcane issues, for example insolvent estates. In the USA bankrupt estates are dealt with under state, not federal, law. In Canada and England they are dealt with under normal bankruptcy law. In New York State real estate passes outside of probate in most cases, a particular anomaly that can affect (for example) border Canadians with N.Y. assets.

Hence the importance -- if one has assets -- of getting professional advice, and having a will.

No,, an executor just does what the will states. an Administrator has to decide what to do with estate in the absence of a will. There are certin restrictions and laws depending on the state you live in.

With will = executor.
Without will = adminstartor or adminstrators.

Both are in charge of carring out task regarding estate.

I know this is repeated information, just tell us if a will was created; if so then there should be a executor; if not there should be a adminastrator appointed. Both can be pititioned for at the county clerks office.

Hope this helps.

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