Executor vs Administrator: What Is the Difference?

If you are dealing with a death and are not sure whether you are acting as an executor or an administrator -- or whether you even have the authority to deal with the estate -- this guide explains the two roles clearly. The distinction matters practically and legally, even though the day-to-day work involved is largely the same.

The executor: named in the will

An executor is a person named in the deceased's will to administer the estate. Being named in the will as executor gives you the authority to begin dealing with certain matters immediately after the death -- such as arranging the funeral and securing the deceased's property -- even before any grant is issued by the court.

The legal document an executor applies for is a Grant of Probate. This is issued by the Probate Registry and confirms your authority to deal with assets held in the deceased's name. Our guide to how to apply for probate explains the application process step by step.

A will may name more than one executor. All named executors can apply for the grant together, or one can act while the others reserve power (see below).

The administrator: appointed when there is no valid will

When a person dies without a valid will (intestate), or when all named executors are dead or have renounced the role, there is no executor. Instead, the court appoints an administrator to manage the estate.

An administrator applies for Letters of Administration rather than a Grant of Probate. This document fulfils the same practical function -- it confirms the administrator's authority to deal with estate assets -- but it has a different name and applies to a different legal situation.

Crucially, unlike an executor, an administrator has no authority to act before the Letters of Administration are granted. They cannot formally instruct solicitors to deal with estate assets, or sign documents on behalf of the estate, until the grant is in their hands. For more on the intestacy process, see our guide to probate without a will.

Who can apply for Letters of Administration

The law sets out a priority order for who has the right to apply for Letters of Administration when someone dies without a will. This order is set by the Non-Contentious Probate Rules 1987 and follows the same logic as the intestacy rules for who inherits:

1. Spouse or civil partner
2. Children (including adopted children, but not stepchildren)
3. Parents
4. Siblings (brothers and sisters of the whole blood)
5. Half-siblings, then grandparents, then aunts and uncles, and so on

Those higher in the list must formally give up their right (by signing a renunciation) before someone lower down can apply. If no family member comes forward, the estate may ultimately be dealt with by the Treasury Solicitor.

For a full explanation of who inherits under intestacy, see our guide to Letters of Administration.

Letters of Administration with Will Annexed

There is a third scenario that sometimes causes confusion: a valid will exists, but all the named executors have died or renounced the role before applying for probate. In this case, the will is still valid and must be followed -- but there is no executor to follow it. The court issues Letters of Administration with Will Annexed (sometimes abbreviated LAWA) to an administrator, who then administers the estate in accordance with the will's terms.

This is relatively uncommon but does arise, particularly when a will was made many years before the death and the named executors predeceased the testator.

Power reserved: when one executor steps back

When a will names multiple executors, they do not all have to be involved in the probate application. One or more executors can apply while the others have "power reserved" to them. This means the non-applying executors are standing aside for now but retain the right to apply for a further grant later if needed -- for example, if the original proving executor dies during the administration.

Power reserved is not the same as renouncing the role. An executor who renounces gives up the role permanently. An executor with power reserved can step in later.

The practical difference in day-to-day duties

Once the relevant grant is issued, executors and administrators have almost identical duties. Both must:

• Identify and value all assets and liabilities
• Deal with inheritance tax if applicable
• Collect in all assets using the grant
• Pay all debts
• Distribute the estate -- to beneficiaries named in the will (if there is one) or according to the intestacy rules (if not)

The key practical difference is that an executor can begin certain actions before the grant is issued, whereas an administrator must wait. This can matter when there is time pressure -- for example, dealing with a property that needs securing or maintaining during the administration period. For a full breakdown of these responsibilities, see our guide to executor duties.

A quick reference summary

• Will exists, executor named and alive: executor applies for Grant of Probate
• No will: administrator applies for Letters of Administration
• Will exists, no living executor: administrator applies for Letters of Administration with Will Annexed
• Multiple executors, some stepping back: one applies, others have power reserved