When planning for the future, it’s important to know who will manage your estate after you’re gone. At Jordan & White, LLC, we’ve spent over a decade helping families across the Greater Boston area with wills, trusts, and estate administration. With a history rooted in trust and commitment, we aim to make the process as straightforward as possible.
Today, we’re exploring two critical roles in estate management: the executor or, as it is referred to in Massachusetts law – personal representative and the estate administrator. While they may seem similar, understanding their differences can help ensure that your wishes are honored and your loved ones are cared for.
What Is an Executor?
An estate executor is the person named in a will to handle the estate’s affairs. In the state of Massachusetts, it is referred to as a personal representative. Think of them as the person responsible for making sure your final wishes are carried out. They take on a wide range of responsibilities to settle the estate in a way that aligns with the instructions in the will.
Here’s a breakdown of what an personal representative typically does:
- Probating the will: The personal representative files the will with the probate court to begin the legal process of settling the estate.
- Identifying and gathering assets: From bank accounts to personal possessions, the personal representative tracks down all assets owned by the deceased.
- Paying debts and taxes: They pay any outstanding debts, funeral expenses, and applicable taxes.
- Distributing assets: Following the will’s instructions, they distribute assets to beneficiaries.
Choosing the right person for the role of a personal representative is a significant decision. It’s essential to pick someone reliable, organized, and willing to handle the responsibility. Often, people choose a close family member or trusted friend.
What Is an Estate Administrator?
When there’s no valid will or the person named as a personal representative is unwilling or unable to serve, the court appoints an estate administrator. This is typically a close relative, but in some cases, it could be someone else the court deems appropriate.
An estate administrator’s duties are similar to those of a personal representative, but their authority comes directly from the court. Here’s what they do:
- Following state intestacy laws: Without a will to guide decisions, the administrator distributes assets according to state law.
- Managing estate debts: They locate creditors, settle debts, and handle any outstanding taxes.
- Overseeing distribution: Once all debts and taxes are resolved, the remaining assets are divided among heirs per state guidelines.
Since administrators follow strict legal rules, they have less flexibility than personal representatives in making decisions about the estate.
Differences Between Executors and Administrators
Although both roles involve managing an estate, there are a few notable differences:
1. Appointment
- Personal Representative: Named in the will by the deceased.
- Administrator: Appointed by the court when there is no will or the personal representatives cannot serve.
2. Authority
- Personal Representative: Authority is granted by the terms of the will.
- Administrator: Authority is granted by the court.
3. Decision-Making
- Personal Representative: May have flexibility depending on the will’s provisions.
- Administrator: Must adhere strictly to state laws regarding asset distribution.
4. Compensation
Both roles are entitled to reasonable compensation, which is typically determined by state law or the probate court.
Need Help with Estate Planning?
At Jordan & White, LLC, we know that estate planning can feel overwhelming. That’s why we’re here to guide you every step of the way. Whether you’re creating a will, naming your personal representative, or dealing with the probate process, our team is committed to helping you protect your family’s future.
We’ve been serving the Danvers and Medford communities for over a decade, and our roots trace back even further, to Sumner Raymond’s legacy of trust and community service. Our dedication to helping families manage estates has been a cornerstone of our firm since the very beginning.
Ready to take the next step? Call us at 978-744-2811, email us at info@jordanwhite.com or visit our offices in Danvers or Medford to schedule a consultation. Let’s work together to ensure your estate is handled with care and precision.