This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
A detailed, accessible guide to the roles of executor and administrator in England and Wales. Understand how each is appointed, their legal authority, key responsibilities in estate administration, and practical steps in the probate process. This article explains the differences clearly for members of the public and solicitors.
When a person dies, someone must manage their financial affairs, settle debts, pay tax, and distribute remaining assets. In English law, the individuals who take on these duties are called personal representatives. The two main types of personal representatives are executors and administrators. Although both roles involve similar legal responsibilities, they arise in different circumstances and derive their authority in distinct ways. This article explains those differences clearly and accurately, focusing on law and practice in England and Wales.
What Is an Executor?
An executor is a person named in a valid will by the person who died (the testator). The testator chooses the executor(s) to manage their estate according to the instructions set out in the will.
Main Characteristics
- Executors are appointed by the deceased in the will.
- The appointment takes effect on the person's death.
- Executors are typically family members, trusted friends, or professional advisors such as solicitors or trust corporations.
- More than one executor can be named (up to four in England and Wales).
Executors must be adults of sound mind and willing to act. They are not legally obliged to serve; if they do not wish to act, they can renounce or decline the appointment before taking on the role.
Legal Authority
An executor derives authority from the will itself. However, in practice, most executors need formal legal authority from the court to access and deal with estate assets. This is usually obtained by applying for a Grant of Probate from the Probate Registry.
What Is an Administrator?
An administrator is a person appointed where there is no valid will, or no executor named in the will who is able or willing to act. In those situations, the court steps in to authorise someone to administer the estate according to the law.
When an Administrator Is Needed
An administrator will be appointed in any of these situations:
- The deceased did not make a valid will (died intestate).
- The will exists but does not name an executor.
- The named executors have all died, are unable, or have declined to act.
In these cases, the next of kin or other eligible persons apply to the Probate Registry for a Grant of Letters of Administration. The rules of intestacy determine who has priority to apply.
Priority for Letters of Administration
Under the intestacy rules, the usual order of priority for administering an estate is:
- Surviving spouse or civil partner.
- Children (including legally adopted).
- Parents.
- Siblings.
- Extended family (grandparents, aunts, uncles).
Up to four administrators can act together, and the court may require at least two where beneficiaries include minors.
Similarities in Duties
Although executors and administrators are appointed in different ways, once authorised, their legal duties are almost identical. Both are responsible for administering the estate, including:
- Identifying and valuing all assets and liabilities.
- Calculating and paying Inheritance Tax and other liabilities.
- Applying for the appropriate grant of representation (probate or letters of administration).
- Collecting and safeguarding assets.
- Paying debts, taxes, and funeral expenses.
- Distributing the estate to beneficiaries or heirs according to the will or intestacy rules.
Both executors and administrators owe fiduciary duties to act honestly, with reasonable care, and in the best interests of the estate and its beneficiaries. Personal liability may arise if they act negligently or breach their legal obligations.
Practical Steps in the Probate Process
- Register the death with the local registry.
- Locate the will, if there is one.
- Assess the estate's value and gather asset information.
- Submit an application for the Grant of Probate or Letters of Administration.
- Pay Inheritance Tax and any other liabilities.
- Collect assets and settle debts.
- Distribute the estate to beneficiaries or heirs.
It is generally illegal to distribute estate assets or access bank accounts before the appropriate court grant is issued.
Common Questions and Clarifications
Can an executor also be a beneficiary?
Yes. A named executor may also be a beneficiary under the will, but they must be careful to avoid conflicts of interest and act in the estate's best interests.
What happens if an executor fails to act?
If an executor refuses or fails to act, the court can grant letters of administration with will annexed so that an administrator can step in.
Do administrators follow the will if one exists?
If there is a valid will but no executor, an administrator may be appointed “with will annexed” and must follow the will's terms as far as possible. Otherwise, administrators follow the intestacy rules.
Final Thoughts
Both executors and administrators serve as the personal representatives of a deceased person's estate, with important legal duties and potential liabilities. The key distinction lies in how they are appointed and the source of their legal authority:
- Executors are named in a valid will.
- Administrators are appointed by the court when there is no valid will or executor.
In all cases, the Probate Registry must issue the appropriate grant before estate assets can be accessed or distributed. Understanding these differences improves clarity for families navigating the probate process and highlights the importance of making a valid will.
