Executors and Administrators: The Difference and Who Your Ideal Choice May Be

In the first blog of this series, I briefly mentioned what an executor and administrator are. As a refresher, an executor is a person who you appoint to carry out the terms of your will upon your death. This person will settle your final affairs. An administrator has the same responsibilities as an executor but you do not have the power to appoint this person.

This week’s primary focus is executors. These are the people who you may appoint in your will.

Having the Right Executor
This person should be reliable, trustworthy, and understand any complexities that exist in your family. We are in a time where both traditional and modern families have increasingly complex issues. Having an executor who can be fair and honor your wishes while being mindful of your family dynamic will increase the odds of a stress-free probate process and hopefully reduce any hostility that may arise from inheritance situations. Beneficiaries can be executors but they don't necessarily have to be. You can also appoint more than one executor to serve concurrently but you need to balance the pros and cons of doing so. There may be several options for who you should appoint but this should be carefully decided with an attorney.

Administrators… You won’t have a say in who this is.
An administrator will be appointed by a court if you died without a will, your named executors have refused or are unable to act as executor, or your will is deemed invalid. There is a hierarchy that the law prescribes to determine who your administrator will be*. If any friction exists within your familial relationships, it is important to understand that without a will, a relative who you do not get along with may be the person representing the interests of your estate upon your death.

To administer your estate, administrators and executors have the same duties. For you and your loved ones, however, your ideal executor may be the opposite of your ideal administrator. To find out more about selecting an executor, who may be appointed as an administrator, or any additional legal restraints regarding these representatives contact an attorney.

*755 ILCS 5/9-3