What is the difference between executor and administrator?
In Washington, an executor and an administrator both have roles in probate law, the legal process for managing a deceased person’s estate. Executors are most often appointed by the deceased person while they were still alive, through a will document. The executor serves as the manager of the person’s estate, meaning they must fulfill the wishes outlined in the will and make sure the debts of the deceased are paid. An administrator is appointed to manage the estate in the absence of an executor or a will. The administrator is appointed by the court and their role is to secure the estate’s assets, make debt payments and to distribute the remaining assets to the decedent’s beneficiaries. In Washington, if an estate includes real estate, an administrator must be appointed by the court. Executors and administrators both have a responsibility to make sure the estate is managed in the best interest of the deceased and any heirs. Both executors and administrators are personally liable for the estate’s debts. In addition, if an executor or administrator mismanages the estate or takes property for themselves, they can be held accountable and could face civil or criminal charges.
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