Who is Allowed to Administer an Estate?

I explained in a previous article that an administrator is someone authorised to dispose of a dead person’s estate if no executor is available for whatever reason.

But who can apply to take on this role? First in the pecking order is a residuary beneficiary, ie, someone who receives the remainder of the estate. Next is a personal representative of a residuary beneficiary. Then it’s a person given a specific gift in the will – followed by their personal representative. And, finally, any creditor.

A personal representative – who could be an executor or an administrator – has to collect all of the deceased’s assets, pay all of their debts, prepare the estate accounts, and distribute the legacies and whatever is left in accordance with the will or the rules of intestacy.

Personal representatives wanting to stand down must complete a form of renunciation. Or they can play a less active role by becoming ‘power reserved’. That means they can still take over if they have concerns about the way the estate is being handled or if a fellow personal representative becomes ill or worse.

Make things easier for your loved ones by contacting Heritage Will Writing on 02380 879243.