Administrator
Definition and meaning of Administrator in real estate.
An administrator is a person legally appointed by a probate court to manage and distribute the estate of a deceased person. This appointment occurs when the individual dies intestate, meaning they did not leave a valid will, or when the named executor cannot serve.
In more detail
The administrator acts as a fiduciary, meaning they are legally obligated to act in the best interests of the estate and its beneficiaries. Their duties include identifying the deceased person's assets, paying off outstanding debts and taxes, and distributing the remaining property according to state inheritance laws.
Unlike an executor, who is selected by the deceased person in a will, an administrator is chosen by a judge, often prioritizing close relatives like a surviving spouse or adult child. The court-supervised process ensures that property transfers, including real estate sales, are handled legally and fairly. Administrators must obtain court permission before selling or transferring any real estate belonging to the estate.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Appointed by | Probate court judge |
| Role type | Fiduciary representative |
| Watch out for | Court approval required for real estate sales |
When a homeowner dies without a will, the probate court appoints their adult child as the administrator to settle the estate and sell the family home.
Frequently asked questions
What is the difference between an administrator and an executor?
An executor is named in a will by the deceased person to manage the estate, while an administrator is appointed by a court when there is no will.
Can an administrator sell real estate owned by the estate?
Yes, but they typically must obtain approval from the probate court and follow specific legal guidelines before listing or selling the property.
Related terms
Sources & references
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