What is Probate Administration? Definition, Selection Criteria, and Compensation Explained

An administrator, commonly referred to as an executor, is a crucial figure appointed by the court to manage the financial affairs of a deceased individual during the probate process. The primary responsibilities of an administrator encompass organizing the decedent’s estate, settling outstanding debts, managing expenses, and ensuring the proper distribution of remaining assets in accordance with the decedent’s will or, in the absence of a will, following specific state intestate succession laws.

The legal distinction between an administrator and an executor lies in the appointment process. Administrators are appointed by the court when the decedent has not designated an executor in their will or if a named executor declines or is incapable of fulfilling their responsibilities. It’s important to note that a court lacks the authority to compel a named executor to fulfill their duties.

Selection criteria for administrators vary across states, adding a layer of complexity to the probate process. In some jurisdictions, the administrator may be chosen based on the size of their interest in the decedent’s estate, emphasizing a financial stake rather than personal proximity to the deceased. The state of Pennsylvania, for instance, utilizes such criteria outlined in its probate code.

Other potential candidates for the role of administrator may include guardianship agencies, particularly in cases where the decedent was incapacitated, or creditors with a vested interest in settling outstanding debts. However, certain individuals and entities, such as those under 18 years of age, corporations, and individuals with a compromised background (such as a criminal record), are excluded from consideration when appointing an administrator.

The initiation of the probate proceeding involves the careful selection of an administrator. Upon appointment, the administrator is granted Letters Testamentary by the court, providing the legal authorization to address and resolve outstanding financial matters. Importantly, administrators are compensated for their services, and this compensation is contingent upon the quality of their work and the effectiveness of the results achieved.

No, a court does not have the authority to compel a named executor to fulfill their duties. The appointment of an administrator occurs when there is no designated executor in the will or if the named executor declines or is unable to carry out their responsibilities.

The criteria for selecting an administrator vary by state. In some cases, it may be based on the size of their interest in the decedent’s estate rather than personal closeness with the deceased. Each state, including Pennsylvania, may have specific criteria outlined in its probate code.

Yes, certain restrictions apply. Persons under 18 years of age, corporations, and individuals with an unfit background, such as a criminal record, are typically excluded from consideration when appointing an administrator. Guardianship agencies and creditors may also be considered in specific circumstances.

Administrators receive compensation for their services, and the amount is determined based on the quality of their work and the results achieved. It is essential to note that administrators are not volunteers; they are remunerated for their crucial role in managing the decedent’s estate.