Differences Between an Executor and an Administrator in North Carolina Probate
1. Detailed Answer
In North Carolina, probate involves settling a decedent’s estate under Chapter 28A of the North Carolina General Statutes. An executor and an administrator each serve as a personal representative, but the source of their authority and the process for appointment differ.
Executor
An executor acts under a valid will. When someone creates a last will and testament, they name a trusted person to serve as executor. After the decedent’s death, the named executor petitions the clerk of superior court for letters testamentary. These letters confirm the executor’s authority to:
- Gather and safeguard assets.
- Prepare an inventory and appraisement.
- Pay valid debts, taxes, and administration expenses.
- Distribute the remaining assets according to the will.
North Carolina law generally waives the bond requirement for an executor if the will specifically discharges that obligation. See G.S. 28A-2-2 and G.S. 28A-8-1.
Administrator
An administrator serves when the decedent dies without a will (intestate) or when no executor is named or qualified. The clerk of court appoints an administrator under G.S. 28A-6-1. The administrator must post a bond to protect estate creditors and heirs. The administrator’s duties mirror those of an executor:
- Collect estate assets.
- File an inventory and appraisement.
- Settle debts and expenses.
- Distribute assets under North Carolina’s intestacy statutes (Chapter 29, Article 14).
Whether you serve as an executor or an administrator, you must follow strict timelines, notice requirements, and reporting duties under Chapter 28A. Failing to comply can lead to personal liability.
2. Key Differences at a Glance
- Source of Authority: Executor under a will; administrator by court appointment when no valid will exists.
- Appointment Process: Executor files for letters testamentary; administrator petitions for letters of administration.
- Bond Requirement: Executors often qualify for bond waiver if the will permits (G.S. 28A-8-1); administrators must post a bond (G.S. 28A-6-1).
- Distribution Rules: Executors follow the will’s terms; administrators follow intestacy rules under Chapter 29.
- Priority of Appointment: Courts give preference to the person named in a will; for administrators, the clerk follows the order of priority set in G.S. 28A-6-1.
Contact Pierce Law Group for Help
Handling an estate can overwhelm personal representatives. Pierce Law Group’s attorneys guide you through every step of North Carolina probate. We explain your duties, ensure compliance with statutes, and work to settle the estate efficiently.
Reach out today to protect yourself and the estate. Email intake@piercelaw.com or call (919) 341-7055 for a consultation.
