- An Executor is nominated in a valid Last Will, whereas an Administrator is appointed by the probate court when someone dies intestate (without a will).
- Executors usually have court bond requirements waived in the Will; Administrators almost always must post a paid surety bond to protect the estate.
- Both roles carry identical personal fiduciary liability under state law to preserve estate assets and treat all beneficiaries and creditors impartially.
- Statutory compensation rights are identical whether serving as an Executor or an Administrator.
Core Legal Distinctions at a Glance
The distinction between an Executor and an Administrator determines how the probate court oversees the representative:
| Attribute | Executor (Testate) | Administrator (Intestate) |
|---|---|---|
| Document of Authority | Nominated in a valid Last Will & Testament | Appointed by Court Order based on state statutory priority |
| Legal Letters Issued | Letters Testamentary | Letters of Administration |
| Probate Court Bond | Frequently waived explicitly in the Will | Almost always mandatory (surety bond based on estate value) |
| Asset Distribution Rules | Governed by instructions written in the Will | Governed strictly by state Laws of Intestate Succession |
| Statutory Fee Entitlement | Statutory / Reasonable Compensation | Statutory / Reasonable Compensation (identical scale) |
| Fiduciary Liability | Strict personal fiduciary duty to all parties | Strict personal fiduciary duty to all parties |
Who Has Priority to Serve as Administrator if There is No Will?
When someone dies intestate, state probate codes enforce a strict hierarchy of appointment priority:
1. Surviving Spouse or Registered Domestic Partner
2. Adult Children (shared equally or by majority consent)
3. Surviving Parents
4. Siblings / Next of Kin
5. Public Administrator or Creditors (if no family members petition the court within a statutory window, typically 30 to 45 days). Learn more about What is Probate Court.
Both Executors and Administrators can be held personally liable for mismanagement, failure to file taxes on time, paying low-priority creditors before higher-priority claims, or commingling estate cash with personal checking accounts.
- § Uniform Probate Code § 3-203 (Priority Among Persons Seeking Appointment)
- § California Probate Code § 8420–8460
- § Texas Estates Code Chapter 304
- § New York SCPA Article 10
Related State Calculators:
Recommended Legal Guides & Research:
What is Probate Court? The 2026 Step-by-Step Estate Administration Guide
Probate vs. Non-Probate Assets: Complete Asset Classification Guide (2026)
How Much Do Probate Lawyers Charge? Hourly, Flat Fee & Statutory Scales (2026)
Calculate Your Exact Estate Fees
Whether designated as an executor in a will or appointed as an administrator by a judge, personal representatives are entitled by law to compensation for their labor. Calculate your state-specific commission using our Executor Fee Calculator.