Executor vs. Administrator in Georgia: What’s the Difference in Probate?

If you’re dealing with probate in Georgia, you may have heard the terms executor and administrator and wondered: What’s the difference?

The two roles are actually pretty similar, but there are some important differences depending on whether the person who passed away left a valid will and how the estate is being handled.

Hey guys, I’m Brad, the Probate House Guy. I’m an active real estate investor and a licensed real estate agent in the state of Georgia. Over the last 10 years, I’ve helped more than 300 sellers get their properties sold, whether that meant buying the property for cash or helping them sell it through the traditional real estate process.

Just remember, I’m not an attorney, and I don’t claim to be one. So don’t take anything I say as legal advice. I highly recommend talking with a probate attorney or real estate attorney about your specific situation.

With that said, let’s get into the difference between an executor and an administrator in Georgia probate.

What Is an Executor in Georgia Probate?

Let’s start with the EXECUTOR.

In most cases, an executor comes into play when there is a valid will.

The will names an executor, who becomes the personal representative of the estate. Basically, this is the person the decedent—the person who passed away—appointed to be in charge of their estate.

For example, when my parents passed away, I was named as the executor in their will. We also set up a trust, and I’m actually the trustee of their trust. Because we had a trust created for their assets, hopefully we don’t even have to go through probate for everything.

When I pass away, I’ve appointed my wife to be the executor of my estate.

So, when there is a valid will, the will generally appoints an executor and gives that person certain powers and authorities.

The probate court reviews the will and determines whether it’s valid. Once those powers and authorities are approved, the executor can then handle the estate and take care of things such as dealing with and selling estate assets.

What Happens If the Will Isn’t Valid?

There can also be situations where a will is not deemed valid.

In that situation, you may end up having to file for what’s called an administration, and someone may be appointed as the administrator.

But I’m not going to get too far into the weeds on that particular situation today.

Instead, let’s flip the script and look at the other side.

What Is an Administrator in Georgia Probate?

So, what is an administrator, and how is an administrator different from an executor?

Generally speaking, an administrator comes into play when there is no will.

That’s also called intestate in Georgia.

An administrator is also the personal representative of the estate, but the process of getting appointed is different.

When there is no will, the heirs at law can decide to appoint an administrator to be in charge of the estate. That person could be one of the heirs, or it could be another party.

The heirs at law can appoint an administrator, and that person then petitions the court to grant them the powers necessary to handle the estate.

Once they receive their letters of administration, they can generally handle many of the same types of responsibilities an executor can handle, such as selling assets and opening bank accounts.

There are situations where the court may not grant an administrator certain powers, but we’re not going to get into all those details here.

Inherited a House in Georgia? Know Your Options

If you’re dealing with an inherited house in Georgia and trying to figure out what your options are, this is where things can get a little confusing.

You may be wondering whether the property can be sold, who has the authority to sell it, or what needs to happen before you can move forward.

If you’d like to talk through the real estate side of the situation, we’d be happy to help. We buy houses for cash throughout Georgia, and I’m also a licensed real estate agent, so we can talk with you about either selling the property for cash or listing it traditionally.

Fill out the form below. A member of our team will be in touch with you ASAP.

Now, let’s get back to the probate side of things.

Can the Court Appoint an Administrator?

Here’s something a lot of people don’t realize: sometimes the probate court itself may appoint an administrator.

We’ve seen situations where the heirs are fighting about something and simply can’t come to an agreement.

When that happens, the court may appoint a third party as the administrator.

There are people who actually serve in this capacity, and some are attorneys who agree to act as administrators and get paid a fee for doing so.

There can also be situations where someone passes away without any heirs.

In that case, their assets ultimately go to the estate because there are no heirs at law. The court may appoint a third-party administrator to administer the estate, publish the required notices, and handle the property and other assets.

Can a Creditor Open an Estate in Georgia?

Here’s another one that most people don’t realize.

In the state of Georgia, a creditor can also petition to open an estate for someone who has passed away.

Typically, you might see this when there’s a sizable outstanding debt involved.

For example, let’s say someone passed away and had an outstanding debt with a bank. Nobody has come forward to petition to administer the estate, but the bank wants to pursue the assets of the estate to get the debt repaid.

The creditor can petition to open administration.

I’ve seen situations where someone from a bank or another creditor steps in and petitions for administration because there are outstanding debts that haven’t been paid and nobody else has come forward to handle the estate.

So, that’s the 30,000-foot view of the difference between an executor and an administrator in Georgia.

What’s the Difference Between an Executor and an Administrator?

At a high level, the biggest distinction is whether there is a will.

An executor is generally named in a valid will and is appointed to represent the estate according to the wishes outlined in that will.

An administrator is generally involved when there is no will, or when administration is otherwise necessary, and is appointed through the probate process.

Both roles involve representing the estate and handling its assets, but the way the person gets appointed and the authority granted by the court can differ depending on the circumstances.

And, as you can see, there can be some additional situations where a court or even a creditor becomes involved.

What Happens If You’ve Inherited a Property?

If you’ve inherited a property and you’re trying to figure out what to do with it, we’d be happy to talk with you about your options.

We’ve been buying houses for cash throughout Georgia for the last 10 years, and I’ve helped hundreds of sellers sell their properties.

If selling the property for cash makes sense for your situation, we can talk about that. But if you’d rather list the property and sell it through the traditional process, I’m also a licensed real estate agent with One Source Real Estate out of Woodstock, Georgia.

So you have options.

If you want to chat about the property you’ve inherited, just go to probatehouseguy.com and fill out the form on the page. A member of our team will get in touch with you as soon as possible.

Understanding Executors and Administrators in Georgia Probate

The difference between an executor and an administrator can seem confusing, especially when you’re already dealing with the loss of a loved one and everything that comes with settling an estate.

The important thing to remember is that the specific circumstances of the estate matter. Whether there is a will, whether that will is considered valid, who the heirs are, and what the probate court determines can all affect how the estate is handled.

Hopefully, this gave you a helpful 30,000-foot view of executors, administrators, and probate in Georgia.

And if you’ve inherited a house and you’re trying to figure out what to do next, we’re here to help.

Whether you’re interested in a cash offer for the property or want to discuss listing the house on the traditional market, fill out the form, and someone from our team will be in touch.