What is the difference between an executor and an administrator?

An executor is named in a will. An administrator is appointed by a court when there is no will or no able executor. Their duties are similar, but the source of their authority differs.

Can there be more than one executor?

Yes. You can name co-executors who act together. This can share the workload but requires agreement on decisions, so choose people who cooperate well.

Can an executor refuse the job?

Yes. No one can be forced to act. A named executor can decline (renounce) before taking any steps, which is why naming an alternate is important.

Is an executor personally liable for the estate’s debts?

Not for the deceased's debts personally, as long as they administer the estate properly. However, an executor who distributes assets before paying valid debts and taxes can become personally responsible for the shortfall.

What Is an Executor and What Do They Do?

Your executor is one of the most important choices in your will. This is the person who steps in after you die to settle your affairs and make sure your wishes are honoured. In some provinces they are called an estate trustee, in Quebec a liquidateur, and in many US states a personal representative. This is general information, not legal advice — consult a lawyer in your jurisdiction.

What is an executor?

An executor is the person (or institution) legally responsible for administering your estate according to your will. They have a fiduciary duty, meaning they must act honestly, in good faith, and in the best interests of the beneficiaries.

The role begins when you die and ends once the estate is fully distributed and accounted for, which can take months or, for larger estates, more than a year.

What does an executor do?

At a high level, an executor locates the will, applies for probate if needed, secures and values the assets, pays debts and taxes, and then distributes what remains to the beneficiaries.

Along the way they keep careful records, communicate with beneficiaries, and may need to file the deceased's final tax return and the estate's returns.

Can an executor also be a beneficiary?

Yes. It is very common for a spouse or adult child to be both executor and a beneficiary. Being an executor does not prevent someone from inheriting.

What an executor must avoid is a conflict between personal interest and duty. As long as they administer the estate fairly and according to the will, holding both roles is perfectly normal.

Does an executor get paid?

Executors are generally entitled to reasonable compensation, often set by provincial or state guidelines or as a percentage of the estate. Family members frequently waive the fee, but they do not have to.

Executors can also recover legitimate out-of-pocket expenses, such as court fees, postage, and travel, from the estate.

What if there is no executor?

If you die without a will, or your named executor cannot or will not serve, a court appoints an administrator instead. This is slower and may require a bond.

Naming a willing executor — plus an alternate — in your will keeps control in your hands and avoids a court having to decide.

Frequently asked questions

What is the difference between an executor and an administrator?: An executor is named in a will. An administrator is appointed by a court when there is no will or no able executor. Their duties are similar, but the source of their authority differs.
Can there be more than one executor?: Yes. You can name co-executors who act together. This can share the workload but requires agreement on decisions, so choose people who cooperate well.
Can an executor refuse the job?: Yes. No one can be forced to act. A named executor can decline (renounce) before taking any steps, which is why naming an alternate is important.
Is an executor personally liable for the estate’s debts?: Not for the deceased's debts personally, as long as they administer the estate properly. However, an executor who distributes assets before paying valid debts and taxes can become personally responsible for the shortfall.