Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An individual appointed by a court to manage the assets and liabilities of a decedent who died intestate or whose will failed to name an executor. The administrator collects estate property, pays debts, and distributes remaining assets to heirs according to state law.
An individual appointed by a court to manage the assets and liabilities of a decedent who died intestate or whose will failed to name an executor. The administrator collects estate property, pays debts, and distributes remaining assets to heirs according to state law.
Select any source to read its text and confirm it supports the definition.
A person who manages or heads a business, public office, or agency. The role involves overseeing operations, implementing policies, and exercising discretionary authority within the organization.
Select any source to read its text and confirm it supports the definition.
A person who manages or heads a business, public office, or agency. The role involves overseeing operations, implementing policies, and exercising discretionary authority within the organization.
Each sense below has its own examples, sources, and questions.
After her father's death, Anita Ali promised a creditor that she would pay the outstanding balance on a loan her father had taken if the creditor would forbear collection. Because the promise was oral, the creditor could not enforce it against Anita under the statute of frauds executor-administrator provision.
Andrew Avery was appointed administrator of his uncle's intestate estate. Within thirty days he mailed notice of the appointment, including his contact information and the court where filings were located, to all heirs whose addresses he could locate. The notice informed recipients of their right to request further information about the administration.
Alexandra Armstrong, appointed administrator, prepared an inventory of the decedent's property within three months of her appointment. The document listed each asset with reasonable detail, its fair market value at death, and any encumbrances. She mailed copies to interested persons who requested them.
An executor is nominated in the decedent's will and appointed by the probate court. An administrator is appointed by the court when the decedent died intestate or the will failed to name an executor or the named person cannot serve.
Supporting sources
Under the Uniform Probate Code, every personal representative except a special administrator must give information of the appointment to heirs and devisees within thirty days, including the representative's name and address and the court where estate papers are filed.
Supporting sources
Within three months after appointment, a personal representative who is not a special administrator must prepare and file or mail an inventory listing the decedent's property with reasonable detail and indicating fair market value at death and any encumbrances.
Supporting sources
No. Under the statute of frauds, a contract by an administrator to answer for a duty of the decedent must be in writing to be enforceable.
Supporting sources
After a divorce, the administrator of a deceased employee's ERISA plan refused to pay benefits to the ex-spouse because state law automatically revoked the designation upon divorce. The plan administrator followed the plan documents rather than the state revocation statute.
A female applicant challenged a state hiring policy that gave absolute preference to veterans for civil service positions. The personnel administrator defended the policy as a legitimate effort to reward military service rather than intentional discrimination against women.
A defendant convicted by a six-person jury argued that the state constitution required twelve jurors. The court administrator explained that Florida law permitted smaller juries in noncapital cases, and the Supreme Court upheld the practice as consistent with the Sixth Amendment.
Plan administrators must follow plan documents when distributing benefits even if state law would revoke a beneficiary designation upon divorce, because ERISA preempts conflicting state rules.
Supporting sources
…Connecticut , 310 U. S., at 304-307 (invalidating a licensing system for religious and charitable solicitations under which the administrator had discretion to deny a license to any cause he deemed nonreligious); Murdock v. Pennsylvania , 319 U. S. 105 (1943) (invalidating a flat tax on solicitation as applied to the…