When a loved one passes, the emotional weight can be overwhelming, and deciding who handles the estate adds another layer of responsibility. Understanding the difference between a personal representative and an administrator in Massachusetts is crucial.
The main difference lies in whether a valid will exists. If your loved one left a will, a personal representative takes charge. Without one, the court appoints an administrator.
At Jordan & White, LLC, we’ve helped families manage estates and honor final wishes for over a decade.
Let’s explore the roles of a personal representative and an administrator, their importance, and how you can make sure the estate is handled properly.
The Role of a Personal Representative in Massachusetts
A personal representative (formally known as an executor) is chosen by the person who created the will, also called the testator, to carry out their final wishes. If you’ve ever heard someone say, “I want [so-and-so] to be my executor,” that’s exactly what we’re talking about.
When a will is created, the testator nominates a personal representative, but this nomination doesn’t automatically give them legal power.
Once the person passes, the probate court formally appoints a personal representative by issuing a document called Letters Testamentary. This official document allows the personal representative to act on behalf of the estate.
Responsibilities of a Personal Representative
A personal representative plays a vital role in ensuring the estate is properly settled, and assets are distributed as intended. Their responsibilities include:
- Locating and filing the will with the probate court.
- Taking inventory of the estate’s assets. This can include anything from real estate to personal belongings and financial accounts.
- Paying debts, taxes, and expenses. This includes final bills, estate taxes (if applicable), and court fees.
- Distributing assets to the devisees (those named as beneficiaries in the will) based on the testator’s instructions.
- Managing estate finances: This involves opening an estate bank account, paying off creditors, and ensuring the estate remains solvent.
- Filing necessary documents with the probate court, including asset inventories and final accountings.
Personal representatives in Massachusetts also carry what’s known as a fiduciary duty, which means they must act in the estate’s and its devisees’ best interests. Mismanagement or dishonesty can result in legal consequences.
The Role of an Administrator in Massachusetts
An administrator steps in when someone dies without a valid will. This is known as dying intestate. In this case, Massachusetts laws dictate who inherits the estate. But before any distributions can happen, the probate court must appoint an administrator to handle the estate’s affairs.
The court typically follows a priority order when appointing an administrator:
- Surviving spouse
- Children
- Other family members (e.g., siblings, parents)
Once decided, the court issues a Letter of Administration granting the administrator legal authority to manage the estate.
Responsibilities of an Administrator
While the responsibilities of an administrator largely mirror those of a personal representative, the main difference is how assets are distributed. Without a will, Massachusetts intestacy laws govern the process. The administrator’s duties include:
- Inventorying and appraising estate assets: Identifying all property, financial accounts, and valuables.
- Paying debts and taxes: Ensuring all outstanding obligations are met before distribution.
- Filing court paperwork: Submitting petitions, accountings, and asset inventories.
- Distributing assets according to intestacy laws: This means the state’s inheritance rules determine who receives what.
Administrators, like personal representatives, carry a fiduciary duty to act responsibly and fairly on behalf of the estate.
Major Differences Between Personal Representatives and Administrators
While both roles share many responsibilities, their appointment, duties, and legal guidelines differ in important ways.
Appointment
A personal representative (executor) is nominated in the will by the testator and officially appointed by the probate court through Letters Testamentary.
An administrator is appointed by the probate court when there is no will. The court follows a priority order, typically starting with the surviving spouse, then children, and other family members.
Asset Distribution
A personal representative distributes the estate based on the instructions in the will, ensuring each devisee receives what the testator intended.
An administrator, however, follows Massachusetts intestacy laws, which determine who inherits the estate when there is no will. Administrators typically give priority to close family members like spouses and children, as outlined by state law.
Bond Requirements
Personal representatives may be exempt from posting a bond if the will waives this requirement, reducing potential delays or costs.
Administrators are usually required to post a bond, providing financial protection to ensure they manage the estate properly. This requirement helps safeguard the estate from potential mismanagement.
Handling Estates in Massachusetts? Let Jordan & White, LLC Help
Even with the best intentions, estate administration can be complicated. Personal representatives and administrators often face challenges like creditor claims, disputes between heirs, and tax issues. Without proper guidance, things can spiral quickly.
That’s where an experienced estate attorney comes in. At Jordan & White, LLC, we understand Massachusetts probate law and how to protect both the estate and its devisees.
From handling court filings to settling disputes, we ensure the estate is managed efficiently and according to the law.
Call us at 978-744-2811 today to schedule a consultation, and let’s ensure your family’s future is secure.