In the context of wills, what is a key difference between an administrator and an executor?

The distinction between an executor and an administrator in the context of wills is primarily based on how each role is established and their responsibilities concerning the management of an estate following someone's death. An executor is explicitly named in a will by the deceased, which grants them the authority to carry out the terms of that will, including the distribution of assets, settling debts, and ensuring that the deceased's wishes are honored.

In contrast, an administrator is appointed by the court when there is no will or when the appointed executor is unable to fulfill their duties. The administrator carries out similar functions, such as managing the estate’s debts and distributing assets, but their appointment is made through a judicial process rather than a direct nomination by the deceased.

This concept is vital as it underscores the importance of having a will and the freedom to choose a trusted individual to execute one's final wishes, while also illustrating the alternative process that takes place when someone dies intestate (without a will). Understanding these roles helps clarify the legal processes involved in estate management and the significance of planning one's estate effectively.