ADMINISTRATORS DUTIES – NO WILL
Executors and Administrators fulfill basically the same duties, but there is one important difference between the two. An executor is someone who the deceased specifically named in their will to fill the role. The executor's authority comes from a Grant of Probate. Administrators, on the other hand, are appointed when the deceased died intestate, that is without leaving a will, or without naming an executor in their will. A Grant of Letters of Administration is what an administrator must obtain before they begin performing their administrators duties.
Both documents mentioned above are issued by the Probate Registry, which is a division of the High Court of Justice. The Probate Registry does not issue these grants automatically. The proposed executor or administrator must first apply to the Registry for the grant. An executor is charged with carrying out the instructions set forth in the will. An administrators duties, on the other hand, involve distributing the assets according to the laws of intestacy.
Grants provide executors and administrators with the legal power they need to manage the deceased's assets. These individuals are entrusted with a good deal of power and responsibilities. The role is a burdensome one and with the complexity of probate laws, it is easy to become overwhelmed. That is why on many occasions an executors duties and an administrators duties are carried out by a solicitor acting on their behalf.
Applying to the Registry for one of these grants involves much more than simply filling out a form. It is an intense process that involves complicated financial evaluations. A proposed executor or administrator must begin by performing a complete assessment of the deceased's estate. All of the assets, such as bank accounts and shares of stock, must be collected and valued. Outstanding debts, taxes and other liabilities must be calculated as well.
The entire accounting of the deceased's assets and liabilities must then be submitted to the Registry along with the application fir a grant. You must also swear an affidavit containing the pertinent details about the deceased and the value of their estate. After the Registry approves the application, the grant is issued. The financial accounting is also reviewed by the Capital Taxes Office. The role of the Capital Taxes Office is to determine how much, if any, estate tax is due.
Our solicitors are experienced in all matters related to probate and wills. You can contact us today to receive free advice about the roles of administrators and executors. For a free consultation, simply fill out the contact form or telephone us on our helpline. The advice is free and confidential, and you are under no future obligation to use our services.