Administratrix Of Estate OR Administrator Of Estate
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 The female version of the term is administratrix; however, it is rarely used as it is considered outdated.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.
Popular Real Estate Terms
The meaning of a disclosure statement is a legal document signed by both parties, the lender and the borrower or buyer. This statement outlines the terms and conditions, the potential ...
Oral or written contract that is not enforceable by the judicial system. Examples are contracts with minors, fraudulent agreements and contracts that exceed the statute of limitations. ...
The abstract of judgment definition is best explained as a written summary of the judgment passed by a court. This abstract of judgment includes the amount of money the losing party of a ...
Securities supported by a pool of mortgages. The principal and interest are due monthly in the mortgages and are passed through to the investors who bought the pool. ...
The geographic moving of an individual from one region to another usually because of a change in employment. Relocation normally involves the complete moving of the individual's ...
Device that places the ownership of real property with one or more trustees for security until the loan is paid by the debtor. It is used in place of a conventional mortgage contract in ...
Estimated value of property after a specified time period. ...
Building or other structure used to receive, hold, and issue products and other goods for a fee. A warehouse is a commercial property typically located in an industrial area. ...
Regulation of the Securities and Exchange Commission (SEC) establishing the criteria to avoid a private offering. For example, John wants to sell shares in an apartment house to several ...

Have a question or comment?
We're here to help.