TL;DR: In BC, an administrator is the person appointed by the court to manage and distribute a deceased person’s estate when there is no valid will, or when no executor is able or willing to act.
Definition
An administrator is the person appointed to manage and distribute a deceased person’s estate when there is no valid Will, or when no executor is able or willing to act.
An administrator has many of the same responsibilities as an executor, including collecting assets, paying debts and taxes, and distributing the estate to the beneficiaries. However, instead of being named in a Will, the administrator receives authority from the court through a Grant of Probate. Sometimes these grants are also called a Representation Grant, a Grant of Letters of Administration, or a Grant of Letters of Administration with Will Annexed.
Example
Mary died without having made a Will. Her son John asked permission of his siblings and applied to court for a Representation Grant – also called a Grant of Letters of Administration – for his mom.
When Harold died, his daughter Josie found his Will, but the people Harold had named as executors had also died. Josie applied to court for a Grant of Letters of Administration with Will Annexed.
Frequently Asked Questions
What is the difference between an executor and an administrator?
An executor is named in a Will by the deceased. An administrator is appointed by the court when there is no executor named in a Will, or available to act.
Does an administrator need court approval?
Yes. An administrator generally obtains a Grant of Letters of Administration before dealing with many estate assets, including real estate and financial accounts.
Who can apply to be an administrator?
The person entitled to apply depends on the circumstances. A surviving spouse, adult child, or another eligible family member will often have priority to apply. The person applying to be the administration needs to obtain permissions from other people with an equal or prior right to make that application.
Does an administrator have the same duties as an executor?
Yes. Both must act in the best interests of the estate, keep proper records, pay debts and taxes, and distribute the estate according to the law. They might have fewer powers, though, depending on the situation.