Wills and Administration of Estates

You can nominate an estate administrator before you die.

An estate administrator is the person or organization responsible for settling an estate after someone dies. Estate administrators serve a vital role in this process, and you have the right to nominate anyone you wish for this position when creating your will. Talk to an estate planning lawyer in your area for legal advice about the probate process and estate administrators.

Wills

A person who writes a will is known as either a testator, if a man, or a testatrix if a woman. Wills must be made according to the laws of the state in which the testator lives, and through the documents the testator establishes how he wants his property distributed after he dies. A testator is also allowed to name an executor or estate administrator--someone to oversee the redistribution of property.

Probate Courts

The probate court is responsible for hearing the probate case, appointing an administrator and judging conflicts arising from the case. When a testator names an administrator in his will, it is up to the court to actually appoint that person after the will is submitted to the court. While the court has to grant the administrator the right to settle the estate, it is not the court itself that does the redistribution, but the administrator.

Administrators and Executors

While many states use the term executor or personal representative to describe an estate administrator, the terms are largely synonymous. The administrator's duty is to ensure the testator's desires as expressed in the last will and testament are met. The executor has to determine, for example, what the testator owned and how he wanted it given away after death. An executor does not have to be a person. A testator can nominate an organization such as a bank's trust and estate department to act as executor.

Process

The administrator's duties often begin soon after the testator dies. Administrators in possession of the will must bring it before the probate court in the county or state in which the testator lived. If the court approves the nomination, the administrator is then granted the authority to account for the estate property, pay off outstanding debts with estate assets and distribute remaining property according to the terms of the will.

References

• National Endowment for Financial Education: What Does the Executor or Administrator Do?
• Franklin County Ohio Probate Court: Estate Administration Information