Administratrix Of Estate OR Administrator Of Estate

Definition of "Administratrix of Estate OR Administrator of estate"

Scott Dollinger real estate agent

Written by

Scott Dollingerelite badge icon

Keller Williams Realty

Administrator of estate is a term used in common-law jurisdiction for a person assigned a particular responsibility. The administrator of estate definition describes a court-appointed individual assigned to manage an intestate’s estate, meaning the estate of a person who died without a will. 

The powers and duties of an administrator of estate are similar to those of an executor but differ in how they perform their tasks. While the executor has a Will to follow and respect managing the estate, an administrator doesn’t have one, but only the procedure set by law. The female version of the term is administratrix; however, it is rarely used as it is considered outdated.

What is an Administrator of Estate?

When someone dies but does not leave behind a valid Will, an administrator of estate is necessary. The deceased person who didn’t leave a will is referred to as a person that died intestate. The following situations require an administrator of estate and underline the importance of making a will

  • If a person dies without leaving a will behind;
  • If the deceased owned assets that have not been mentioned in a will:
  • If there is an invalid will.

When a person dies in any of the situations above, an administrator of estate is assigned to their estate by the court. They are responsible for what happens to that estate, and they have to make sure that all the deceased’s affairs are set in order. 

The responsibility of an estate administrator is to administer the estate. This includes settling debts, covering the funeral expenses, and allocating the remainder of the estate by following the common law and the intestacy rules.

What does an Administrator of Estate do?

As mentioned above, the responsibilities of an administrator of estate are similar to those of an executor. An administrator must perform the following duties:

  • Obtaining a tax identification number to gather documents and files of the deceased from the IRS (insurance claims, financial statements, bank account records, etc.);
  • If the deceased person owned a business, the business’s assets must be evaluated before the liquidation. The administrator of the estate will cover possible liabilities from the value gained and close the business. 
  • Determining any existing tax obligations of the deceased and settling them;
  • Prepare the administrator’s deed;
  • Distributing any remaining assets to beneficiaries of the deceased.

How is an Administrator of Estate Appointed?

Before they appoint an administrator of estate, the Probate Court forwards Letters of Administration to potential administrators of estate following the Probate Code. How these letters are sent is based on the interest that each individual has in the estate. 

This individual can also be a family member who applies with evidence that anyone else related to the deceased agreed to their application or have been informed by it. Usually, the court’s administrator is the next of kin, but their interest in the estate plays an important role. Based on this, if an interest has been relinquished, the right to administer the estate is also lost.

The order in which an administrator of estate is appointed is the following:

  • Spouse - unless there is a divorce action pending;
  • Descendants - children, parents, siblings, children of a sibling, in that order;
  • Main creditor - creditor of the deceased at the time of death;
  • Others.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

Rental income received from property that exceeds the costs of owning and maintaining the property. ...

An opening that lets the outside air come in or out of a structure. A ventilation fan lets the structure have access to outside air when the switch is in open position. ...

Another residence in addition to the main residence where a person or family resides. An example is a second home out of the city used on weekends and during vacations. Interest and real ...

To secure a listing by a real estate agent for a certain parcel of property. For example, a real estate broker wishes to list as many properties a possible to built an inventory of future ...

Amount the taxpayer gets back when he or she files the tax return at the end of the reporting year because taxes were overpaid for that year. The tax overpayment equals the tax payments ...

Linear measurement of property abutting a road or water body acting as a boundary market. ...

Sewer whose sole purpose is o carry away domestic waste water. ...

Branch of economics that is concerned with the study of factors that explain, and policies that promote, regional economic growth and development. Regional economic factors affect ...

Extended area of land commonly held for subdividing and development into residential units. ...

Popular Real Estate Questions