Journal / Probate

Executor or administrator: what is the difference?

Both roles concern the estate, but the source of authority and the application route can differ.

A role, not an inheritance

An executor is named by the person making the will. An administrator receives authority through a court grant. Administration with a will annexed may be needed where a will exists but there is no executor able or willing to act. Holding either role does not by itself make someone the owner of the estate.

Establish and account for the estate

Section 40 of Cap. 189 addresses the inventory filed with the court. Section 41 sets out the collection of the estate, payment of expenses and lawful debts, and distribution in accordance with the will and the law. Section 42 governs the order of debt payments. These steps should be planned together rather than treating the grant as the end of the work.

Keep estate funds separate

Section 43 deals with the estate bank account and the handling of money received. The consolidated text includes a 2025 amendment permitting payments by bank cheque or credit transfer. Any applicable court directions or exemption must also be checked. Accurate records of receipts, payments and distributions remain essential.

Questions to raise early

Ask what authority is needed, who holds the original will, what liabilities are known and which institutions require documents. Record any disagreement between beneficiaries. If an asset may be sold, seek advice on the power to sell and the necessary consents or court directions before committing to a transaction.

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