Administrator Rights

An administrator is also called an executor. Administrators, or executors, are responsible for carrying out the orders of a will they were named in. The creator of the will, also called a testator, must choose one or more designated people to serve as administrator upon their death. As soon as the administrator is contacted after the death, the responsibilities begin. It is important for all appointed administrators to know that they have the right to refuse this position. In some cases, an administrator is named in a will without their knowledge; the news is a surprise after the death of the testator. For any reason, personal or otherwise, the administrator may go to the county’s Records office and speak with the clerk about self-removal. By filling out a form and having the clerk witness it, the administrator will be removed and the court will appoint a different individual.

The administrator, if the responsibility is assumed, has several rights regarding the estate of the will’s testator. Wills usually designate specific people to be awarded personal belongings, property or money. Administrators have the right to distribute this property at their discretion. They are not allowed to keep property to themselves if it is designated to someone else, but it is up to the administrator when to distribute it, in accordance with probate laws. Also the administrator has the right to handle the matters of the estate related to debts. Creditors make claims against an estate after they learn of the testator’s death. There are specific time limits for filing these claims; after the time limit, the administrator has the right to tell the creditors to cease if they become a problem.

In some cases, the testator may have died suddenly and will have left behind many business matters that must be attended to. Businesses are often not tied directly to a testator’s personal estate and assets, but the administrator has the right to deal with any business issues. Working with business issues must be done in addition to handling personal matters. When a testator owns property and has debts that exceed the net worth of their estate, the administrator has the right to sell their property and use the funds to pay off debts or taxes. If the money or property is placed in a trust, the administrator is not allowed to access it, unless their name is also on the trust.