When your loved one passes away, their estate will go through a formal administration process called “probate.” During this procedure, the Minnesota probate court will oversee the legal process and call upon an authorized individual referred to as a personal representative (PR).
Depending on the circumstances, the specific title of your loved one’s PR may be an executor or an administrator. Here are the key differences between the two titles:
What is an executor?
If your loved one left a will, their appointed “executor” will be the one responsible for managing their estate’s affairs and relaying their final wishes. Once the probate court authenticates their legal document, their executor will be authorized to begin with their estate administration process.
Their tasks will include the following:
- Identifying your loved one’s assets and estimated values
- Notifying your loved one’s creditors
- Settling your loved one’s unpaid bills, debts and taxes
- Communicating with your loved one’s heirs
- Distributing your loved one’s assets according to the terms of their will
To finish off their role as the will’s executor, they will notify the court to formally close off your loved one’s estate.
What is an administrator?
If your loved one passed away without a will, their probate will follow a slightly different path. In this process, the court will appoint a personal representative titled as “administrator” to manage their estate’s affairs.
Since your loved one was not able to leave their final wishes behind, the administrator will distribute their probate assets in a hierarchy-based order of inheritance, also known as intestate succession laws.
Help is within reach
Going through probate can feel overwhelming at times. If you need prompt guidance on this sensitive family matter, seek the help of a trusted probate attorney to assist you with the legal complexities of your loved one’s estate administration.