Executor vs Administrator: What Is the Difference? - Christine Matus

From The Matus Law Group – Executor vs Administrator: What Is the Difference? dives into the legal distinction between the roles of executor and administrator in estate and probate matters. In this episode, we break down how the presence (or absence) of a will determines who steps in to manage a decedent’s estate and explore key responsibilities each role assumes.

You’ll hear about how probate works under New Jersey law, and what qualifies someone to serve as executor—things like legal age, absence of incapacity, or whether a named executor declines the role. We’ll also touch on how administrators are appointed in cases of intestacy (when there’s no will) and where authority to act comes from.

Listeners will learn how both executors and administrators must inventory assets, notify creditors, handle taxes, pay debts, and distribute remaining assets. We’ll also unpack the concept of “Letters Testamentary” vs “Letters of Administration,” the idea of personal representatives, and fiduciary duty.

Finally, we’ll cover special scenarios—like when a named executor is unable to serve, the court’s role in appointing a backup administrator (sometimes called “administrator cum testamento annexo”), and how to avoid common pitfalls in estate administration.

The Matus Law Group

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