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 The female version of the term is administratrix; however, it is rarely used as it is considered outdated.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

Abusive tax shelters are a consequence that resulted from Congress allowing losses of revenue to be used for tax benefits. They are a side-effect of tax deductions that companies are ...

Right to an item belongs to the public at large so anyone can use it. An example is a real estate software program that is publicly available by an electronic bulletin board service. ...

Conversion of a rental apartment house to individual condominium ownership of a portion of the minimum ownership of a portion of the building. Often, the tenant is given an opportunity to ...

Market price pf all the property prior to a condemnation proceeding. ...

Frame surrounding a door or window to block adverse weather. It may be made of wood, metal, or other material. The frame may be fixed or moveable. ...

The abstraction method is a valuation procedure used to determine the land value relative to the total market value of the property. The abstraction approach is most often used when there ...

Unintentional error. An example is a house that the seller wants $1,000,000 for but it is mistyped as $100,000. An error may be unilateral or mutual. Some types of errors are the basis to ...

Latin term meaning let the buyer beware. The buyer purchases at his or her risk, in the absence of fraud. This does not obligate the seller to volunteer information. However, legal statutes ...

A fixed marker or monument, either erected or naturally occurring, which serves as a boundary line for a parcel of land. For example, a stream on the eastern edge of the property serves ...

Popular Real Estate Questions