Executor vs Administrator of an Estate

What is the difference between an executor and an administrator?

An executor is chosen in advance and named in the will, and their authority flows from that document. An administrator is appointed after death, usually because there is no valid will, the will named no executor, or the named executors cannot or will not act. The executor applies for a grant of probate; the administrator applies for letters of administration (gov.uk, as at July 2026, subject to change).

Executor vs administrator side by side

The clearest way to see the contrast is to line the two roles up. Both act as the deceased's personal representative, but appointment, timing and the grant they use differ. The table below summarises the main points for England and Wales, where an executor derives authority from the will and an administrator from the grant itself.

Feature	Executor	Administrator
How appointed	Named in the will	Under intestacy rules or where no executor can act
Source of authority	The will, from the moment of death	The grant of letters of administration
Grant applied for	Grant of probate	Letters of administration
Order of priority	Set by the testator	Set by law, usually the closest relatives first
Core task	Collect, pay, distribute	Collect, pay, distribute

Feature

Executor

Administrator

How appointed

Named in the will

Under intestacy rules or where no executor can act

Source of authority

The will, from the moment of death

The grant of letters of administration

Grant applied for

Grant of probate

Letters of administration

Order of priority

Set by the testator

Set by law, usually the closest relatives first

Core task

Collect, pay, distribute

Source: gov.uk, dealing with an estate and gov.uk, intestacy rules, as at July 2026, subject to change. Where there is no will, entitlement to apply follows the intestacy rules.

Who can act in each role

An executor is whoever the will names, provided they are aged 18 or over and willing to take it on. A person can be an executor and also a beneficiary. Where a named executor does not want the job, they can renounce or have power reserved, and where none can act, an administrator is appointed instead (gov.uk, who can apply, as at July 2026, subject to change).

An administrator is not chosen freely. Where someone dies without a valid will, the law sets an order of priority for who may apply, generally starting with a surviving spouse or civil partner, then children, then other relatives (gov.uk, intestacy rules, as at July 2026, subject to change). This is one reason many people choose to make a will, so that they, rather than a statutory list, decide who takes charge.

Making a will lets you name your own executor. See our estate planning guide for how the pieces fit together.

Which grant does each apply for?

An executor applies for a grant of probate, which confirms the authority the will already gave them. An administrator applies for letters of administration, which is what actually grants their authority, since there is no will to do so. Both are types of grant of representation, and banks, registrars and share registrars generally treat them the same way when releasing assets (gov.uk, as at July 2026, subject to change). A grant is not always needed for very small or jointly held estates.

The practical timing differs. An executor can begin gathering information and dealing with some matters straight after the death, because their authority stems from the will, though many institutions still ask to see the grant before releasing funds. An administrator generally has to wait for the grant before taking substantive steps, as the letters of administration are the source of their power.

A worked example (illustration only). David dies leaving a valid will that names his daughter Priya as executor. Priya applies for a grant of probate. Because the estate is worth about £280,000, above the £5,000 threshold, the application fee is £300, and she orders three extra copies of the grant at £16 each to send to different banks (gov.uk, as at July 2026, subject to change). Had David died without a will, Priya would instead have applied for letters of administration as his next of kin under the intestacy rules, paying the same £300 fee, but she would have needed that grant in hand before acting. Change the facts and the position changes, so this is general information rather than a calculation for any real estate.

Where the duties overlap

Once appointed, an executor and an administrator carry almost identical responsibilities. Both are personal representatives who must collect the assets, pay debts and any tax due, keep proper accounts and distribute the estate, either as the will directs or, on intestacy, as the law directs (gov.uk, as at July 2026, subject to change). Both can be held personally accountable for mistakes, so both are expected to act with care.

Same duties, different starting point. Collecting, paying and distributing look alike; only the source of authority differs.

Distribution rules. An executor follows the will; an administrator follows the intestacy rules.

Personal responsibility. Both can be liable for errors, so many take advice on tax and accounts before distributing.

Because the tasks can be demanding, it can be worth discussing complex estates with a solicitor, a STEP practitioner or an accountant before distributing anything, particularly where inheritance tax, disputes or business assets are involved.

Executors and administrators in Scotland and Northern Ireland

The broad executor and administrator distinction runs across the UK, but the labels and process differ. In Scotland the personal representative is usually called an executor in both cases: an executor-nominate where there is a will, and an executor-dative appointed by the court where there is not, using confirmation rather than a grant of probate (gov.uk, as at July 2026, subject to change). Northern Ireland has its own probate service and its own intestacy rules. Where an estate touches more than one UK nation, it can be worth taking advice in each. For the wider picture, see our estate planning guide.

Frequently asked questions

Is an administrator the same as an executor?

They do the same job but are appointed differently. An executor is named in the will, while an administrator is appointed where there is no valid will or no willing executor, following the intestacy rules for who may apply (gov.uk, as at July 2026, subject to change). Both act as personal representatives, collecting assets, paying debts and distributing the estate.

Can there be both an executor and an administrator?

Not usually for the same estate at the same time in the ordinary way. If a valid will names an executor who acts, they take a grant of probate. Where a will exists but names no one able to act, someone may apply for letters of administration with the will annexed, which is a hybrid situation. It generally depends on the will and who is available.

Who can apply to be an administrator if there is no will?

The intestacy rules set an order of priority, generally starting with a surviving spouse or civil partner, then children, then other close relatives (gov.uk, as at July 2026, subject to change). Only certain people can apply, and entitlement broadly follows who inherits. Where several relatives share equal priority, they may need to agree who applies.

Does an administrator pay a different probate fee?

No. The application fee is the same for both, currently £300 where the estate is worth more than £5,000, with no fee at or below that figure, and extra copies of the grant at £16 each (gov.uk, as at July 2026, subject to change). The fee depends on estate value, not on which grant is sought.

When can an administrator start dealing with the estate?

Generally only after the grant of letters of administration is issued, because that document is the source of their authority. An executor can begin some preparatory steps sooner, since a will already appoints them, though most banks still ask to see the grant before releasing money (gov.uk, as at July 2026, subject to change). Small or jointly held estates may need no grant at all.

Do the same rules apply across the UK?

The general idea does, but the detail differs by nation. Scotland uses executors-nominate and executors-dative and issues confirmation rather than probate, and Northern Ireland has its own service and intestacy rules (gov.uk, as at July 2026, subject to change). This guide reflects England and Wales, so where an estate spans borders it can be worth taking local advice.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.