Executor and Administrator

Introduction

After a person dies, their property must be managed and distributed according to law. This responsibility is carried out by an executor or an administrator. Their role ensures proper execution of the will and fair distribution of assets.

Meaning / Definition

Executor

An executor is a person appointed by the testator (person making the will) to carry out the instructions given in the will.

• Defined under section 2(c) of the Indian Succession Act
• Derives authority from the will
• Must be named expressly or by implication in the will
• Probate (court approval of will) cannot be granted without naming an executor

Administrator

An administrator is a person appointed by the court to manage the estate when there is no executor.

• Defined under section 2(a) of the Indian Succession Act
• Derives authority from letters of administration (court order)
• Appointed by a court having probate jurisdiction
• Responsible for managing and distributing the estate

Modes or Types

Duties of Executor and Administrator

The duties are provided under sections 305 to 331 of the Indian Succession Act. They can be grouped as follows:

Duties to the Court

• Obtain probate or letters of administration
• Submit accounts and reports as required
• Act according to legal procedures

Preferential Payments

• Pay funeral expenses first
• Pay necessary expenses for administration
• Clear debts in order of priority

Duties to Creditors

• Identify and pay all lawful debts of the deceased
• Ensure fair treatment of creditors

Duties to Legatees (beneficiaries)

• Distribute property according to the will
• Ensure each legatee receives their share
• Act honestly and without delay

Distinction / Comparison

Executor vs Administrator

• Executor:

  • Appointed by the testator in the will
  • Gets authority from the will
  • Requires probate

• Administrator:

  • Appointed by the court
  • Gets authority from letters of administration
  • Used when no executor is named

• Both:

  • Perform similar functions of managing and distributing estate

Practical Example

A person makes a will and appoints his friend as executor. After his death, the executor carries out the instructions in the will. If no executor is named, the court appoints an administrator to perform the same duties.

Summary

• Executor is appointed by the testator in the will
• Administrator is appointed by the court
• Executor derives authority from will, administrator from court order
• Both manage and distribute the estate of the deceased
• Duties include payments, handling creditors, and distributing assets
• Proper execution ensures fair and lawful distribution of property