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Administrator

Also known as: Personal Representative (when no will), Estate Administrator

Definition

An administrator is a person appointed by the Probate Registry to manage and distribute the estate of someone who died without a valid will or when no executor can act.

Choosing to make a will means you select your own executor—but without one, the law decides who becomes administrator. Understanding this role is crucial for families dealing with intestacy.

What Does Administrator Mean?

Under English and Welsh law, an administrator is appointed when someone dies intestate (without a valid will) or when named executors cannot act. The administrator must obtain Letters of Administration from the Probate Registry before having legal authority to access bank accounts, sell property, or distribute assets. Unlike executors who derive authority from the will, administrators receive their power from the court.

The Non-Contentious Probate Rules 1987 (Rule 22) establishes a strict priority order for who may become administrator. The law determines eligibility based on family relationships: surviving spouse or civil partner first, then children (including adopted but not stepchildren), parents, siblings, grandparents, and uncles and aunts. When Sarah Thompson died unexpectedly without a will, survived by her husband David and two adult children, David had first priority as spouse despite the children also being eligible.

Once appointed, administrators have identical duties to executors—collecting assets, paying debts and taxes, and distributing what remains. The key difference: executors follow the will's instructions, while administrators must distribute according to intestacy rules with no discretion. If Sarah's estate was valued at £280,000 (under the £322,000 statutory legacy), David would inherit everything. Had it exceeded £322,000, David would receive £322,000 plus personal possessions, with the remainder split between David and the children.

Up to four people can serve as joint administrators. When Michael Chen died intestate, his elderly mother had priority but lacked capacity due to dementia. His siblings Jennifer and Robert became joint administrators, requiring agreement on all major decisions while distributing Michael's £230,000 estate equally among all four siblings according to intestacy rules.

Common Questions

"My father died without a will—can I deal with his bank accounts and house?" Not immediately. You must apply for Letters of Administration from the Probate Registry. Eligibility follows priority order—surviving spouses first, then children. Once appointed, you gain legal authority to access accounts and sell property.

"My mother named executors in her will but they refused to act. What happens now?" Someone must become "administrator with the will annexed," receiving authority from the court. Priority goes to residuary beneficiaries, then other beneficiaries. They distribute according to the will, not intestacy rules.

"What's the difference between an executor and an administrator?" Both have identical duties—collecting assets, paying debts, distributing the estate. Executors are chosen by the deceased and apply for Grant of Probate. Administrators are appointed by law when there's no will and apply for Letters of Administration.

Common Misconceptions

Myth: The eldest child automatically becomes the administrator when someone dies without a will.

Reality: All children have equal priority after a surviving spouse. The eldest has no special rights. Any combination of children can apply jointly (up to four). Someone must formally apply to the Probate Registry—nothing happens automatically.

Myth: Once I become administrator, I can distribute the estate however I think is fair.

Reality: Administrators must follow strict intestacy rules, not personal judgment. You have no discretion, even if you believe the deceased would have wanted different distribution. Incorrect distribution can result in personal liability to beneficiaries.

Understanding Administrator connects to these related concepts:

  • Letters of Administration: The legal document an administrator must obtain before they can access the deceased's assets or distribute the estate.
  • Intestacy: The legal situation of dying without a valid will, which triggers the need for an administrator rather than an executor.
  • Executor: The contrasting role where someone is chosen by the deceased in their will, rather than appointed by the court.
  • Personal Representative: The umbrella legal term covering both executors and administrators who manage estates.
  • Grant of Representation: The broader category including both Grant of Probate (for executors) and Letters of Administration (for administrators).

Need Help with Your Will?

Understanding the administrator role highlights why making a will matters—you choose your executor rather than leaving it to legal priority rules. Creating a will gives you control over who manages your estate and how it's distributed.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.