What Is a Probate Administrator? Definition, Uses and Importance.

A probate administrator is a person who is appointed by a court to administer the probate of an estate. The probate process involves the legal process of identifying, gathering, and distributing the assets of a person who has died.

The role of a probate administrator can vary depending on the specific circumstances of the estate. In some cases, the probate administrator may be responsible for managing the assets of the estate, paying any outstanding debts, and distributing the remaining assets to the beneficiaries according to the terms of the will or state laws. In other cases, the probate administrator may simply be responsible for ensuring that the probate process is carried out properly and efficiently.

Probate administrators are usually appointed when the deceased person did not have a will or if the will did not name an executor. They may also be appointed if the named executor is unable or unwilling to serve, or if there is a dispute over the appointment of an executor.

A probate administrator is not to be confused with a regular administrator like that of a hospital or a school. A probate administrator is a person or institution appointed by the court (in the absence of a will otherwise naming an executor) to distribute the assets according to state intestacy laws and to pay creditors and taxes and make sure that the estate is in good standing as it passes through the probate process.

Who can be a Probate Administrator?

If there is no Will then the following descending order of priority of persons to whom the court may grant letters of administration on intestacy applies:

• the deceased’s surviving spouse;
• the deceased’s children;
• the deceased’s grandchildren or great-grandchildren;
• the deceased’s parent or parents;
• the deceased’s brothers and sisters;
• the children of deceased brothers and sisters of the deceased;
• the deceased’s grandparent or grandparents;
• the deceased’s uncles and aunts;
• the deceased’s first cousins; and
• The court has the power to appoint anyone that is not a minor and has capacity to manage the estate during the probate process.

What Are The Responsibilities Of A Probate Administrator?

Here are some common responsibilities of a probate administrator:

1. Identifying and gathering the assets of the estate: The probate administrator must locate and gather all of the assets of the estate, including financial accounts, property, and personal possessions.
2. Paying outstanding debts: The probate administrator must pay any outstanding debts of the estate, including bills, taxes, and funeral expenses.
3. Filing necessary legal documents: The probate administrator must file the necessary legal documents, such as the petition for probate and the inventory of assets, with the court.
4. Managing the assets of the estate: The probate administrator may be responsible for managing the assets of the estate, such as paying bills, making investments, and maintaining property.
5. Distributing the assets of the estate: The probate administrator must distribute the assets of the estate to the beneficiaries according to the terms of the will or state laws.
6. Keeping accurate records: The probate administrator must keep accurate records of all transactions related to the estate, including receipts and invoices.
7. Communicating with beneficiaries and interested parties: The probate administrator must communicate with the beneficiaries and any other interested parties, such as creditors, to keep them informed of the progress of the probate process.
8. Complying with legal requirements: The probate administrator must ensure that the probate process is carried out in compliance with all relevant laws and regulations.

Different Names For Probate Administrators

Here are some different names for a probate administrator:

1. Personal representative
2. Executor
3. Executrix (for a female administrator)
4. Administrator
5. Administratrix (for a female administrator)
6. Fiduciary
7. Estate representative
8. Estate administrator

Note that the specific title used for a probate administrator may vary depending on the state in which the estate is being probated and the specific legal provisions that apply to the estate.

States That Use the Entire Uniform Probate Code