There is a huge difference when you are trying to dispose or distribute the property and assets of a person who has died. If you do not file properly, you will waste time, money and energy.
When someone dies they either had a Will (last Will and Testament) or they did not.
They were a Testator (Made their last will and testament) or they died Intestate (No Will).
If they had a Will then you take the Will to the Surrogate Court and ask for the Will to be Probated.
This is when the Executor becomes the BOSS of the Estate.
If they did not have a Will, then the way you establish an Estate is to ask the Surrogate Court to establish an Administration.
This is when an Administrator becomes the BOSS of the Estate.
Both the Administrator and the Executor have the same rights, powers and responsibilities. They owe a legal duty of loyalty to the Estate FIRST.
The legal duty owed to the Estate Administration or as Executor is called a FIDUCIARY responsibility.
While this might sound complicated, it is simple. It’s just the labels and the terminology are new to most non-lawyers, and make the whole process sound high-brow, and fancy.
So, the difference between Probate and Administration, is all about whether or not the deceased (decedent) had executed a legal Will or not. If YES – Then Probate the WILL; If NO – then ask the Court to Establish an ADMINISTRATION.
There can be multiple or Co-Executors or Co-Administrators.
