Probate Tidbit No. 4 -- Executors, Administrators & Personal Representatives!

Tidbit No. 4
These terms are generally interchangeable, but there are differences:

Executor
Administrator
Personal Representative

First, an Executor is someone who is in charge of someone's estate who has been named or nominated in a Will.  An Executor is first nominated and then appointed by the court to act on behalf of an estate. When an Executor is appointed, the court will issue Letters Testamentary.

Second, an Administrator is someone who is in charge of someone's estate where there is no Will.  An Administrator is first nominated in a petition for probate and then appointed by the court to act on behalf of an estate. When an Administrator is appointed, the court will issue Letters of Administration.

Once Letters have issued, the Executor or Administrator can officially act on behalf of the estate.

Third, a Personal Representative is either the Executor or Administrator of someone's estate. It is a catchall term that refers to both.

I know this is a very simple way to explain these terms and there are more legal ramifications than explained here, but if you understand these differences you are off to a good start.

As always, it is a good idea to consult with an attorney when handling someone's estate. You never want actions that you take today to affect you years later.