Administrator

The personal representative the law or a court supplies where the deceased named nobody, or nobody named can act.

58 jurisdictions · 22 countries · role id personal-representative-administrator

Africa

Mauritius

Curator of Vacant Estates

A standing public office rather than a per-estate appointment. The Curator administers all vacant estates on the Attorney-General’s directions, and also administers the estates of minors or adults that the Judge in Chambers vests in him under the Code Civil.

Assigned: Estate falls vacant, or the Judge in Chambers vests the estate of a minor or adult in the Curator under the Code Civil Estate administration
Starts: The Curator administers the estate on the Attorney-General’s directions, exercising his powers as he thinks best in the interests of those entitled Estate administration
Ends: Administration completed and the estate distributed to those entitled Estate closed

Something missing or wrong for Mauritius?

Curatelle Act (Act 12 of 1973), s 4

Rwanda

Liquidator

Rwanda does not leave the estate to the heirs to settle between themselves. After the succession opens a liquidator is appointed, chosen and supervised by the succession council — from among the heirs if possible — which sets the deadline for the work and must approve what the liquidator has done.

Assigned: After the opening of succession a liquidator is appointed; the succession council chooses and supervises them, from among the heirs if possible, and sets the deadline for discharging the role Estate administration
Starts: The liquidator liquidates the estate and presents and determines the procedure for repayment of the inherited debts Estate administration
Ends: On completion the liquidator reports to the succession council, which approves the acts performed Estate closed

Something missing or wrong for Rwanda?

Law nº 71/2024 of 26/06/2024 governing persons and family, art 354; Law nº 71/2024 of 26/06/2024 governing persons and family, art 387; Law nº 71/2024 of 26/06/2024 governing persons and family, art 388

South Africa

Executor dative

Where nobody was nominated by will, or the nominee cannot be found or will not act, the Master appoints. On intestacy the estate then devolves under the Intestate Succession Act.

Assigned: Master acts where there is no nomination, or the nominee's whereabouts are unknown, or they have died, are incapacitated or refuse to act Estate administration
Starts: Master issues letters of executorship Estate administration
Ends: Estate liquidated and distributed to those entitled Estate closed

Something missing or wrong for South Africa?

Administration of Estates Act 66 of 1965, s 18; Intestate Succession Act 81 of 1987, s 1

Asia

China

Estate administrator (遗产管理人) — Estate administrator

An office the 2021 Civil Code created outright. Once succession opens the executor is the administrator; if there is none the heirs must promptly elect one, and if they do not elect they serve jointly. Where there are no heirs, or all renounce, the civil affairs department or the villagers’ committee of the decedent’s last domicile serves. Where the choice is disputed an interested party may ask the court to designate.

Assigned: Succession opens; the executor is the administrator, failing which the heirs elect or serve jointly, failing which the civil affairs department or villagers’ committee serves Deceased
Starts: The administrator clears the estate and makes an inventory, reports to the heirs, prevents loss, deals with the decedent’s debts and claims, and divides the estate Estate administration
Ends: The duties in art 1147 are discharged, ending with division of the estate Estate closed
: An interested party applies to the People’s Court, which designates a different administrator where the choice is disputed Estate administration

Something missing or wrong for China?

中华人民共和国民法典第一千一百四十五条; 中华人民共和国民法典第一千一百四十七条; 中华人民共和国民法典第一千一百四十六条

India

Administrator

Where there is no executor, administration may be granted to any person who would be entitled to the whole or part of the estate. Like the executor, the administrator is the legal representative and the property vests in them.

Assigned: Court grants administration to a person entitled to the whole or any part of the deceased’s estate Estate administration
Starts: On the grant of letters of administration; the administrator is legal representative for all purposes Estate administration
Ends: Administration of the estate completed Estate closed

Something missing or wrong for India?

The Indian Succession Act, 1925 (Act 39 of 1925), s 218; The Indian Succession Act, 1925 (Act 39 of 1925), s 211

Singapore

Administrator

On intestacy the court may grant letters of administration, having regard to the rights of everyone interested in the estate. Where security is required it is ordinarily a bond by the grantee and two sureties in the sworn amount of the estate.

Assigned: Person dies intestate and the court considers the rights of all persons interested in the estate Deceased
Starts: On the grant of letters of administration, subject to any security the registrar requires Estate administration
Ends: Administration of the estate completed Estate closed

Something missing or wrong for Singapore?

Probate and Administration Act 1934, s 18; Probate and Administration Act 1934, s 29

South Korea

Administrator of an estate with no known heir

Where it is unknown whether an heir exists, the court appoints an administrator of the inherited property on the application of a relative or other interested party.

Assigned: Court appoints an administrator on application, where it is unknown whether an heir exists Estate administration
Starts: On appointment by the court Estate administration
Ends: An heir is found and accepts, or the administration is completed Estate closed

Something missing or wrong for South Korea?

Civil Act (Republic of Korea), Article 1053

Europe

Denmark

Bobestyrer — Estate administrator

The probate court releases the estate to an authorised administrator where an heir asks, the estate looks insolvent, the heirs cannot act, or the heirs are unknown.

Assigned: Skifteretten releases the estate to a bobestyrer Estate administration
Starts: On release of the estate Estate administration
Ends: Administration completed Estate closed

Something missing or wrong for Denmark?

Dødsboskifteloven, LBK nr. 1807 af 3. september 2021 § 36

Finland

Pesänselvittäjä — Estate administrator

On an estate party's application the court orders the estate handed to an administrator and appoints someone to run it.

Assigned: Court appoints on application of a party to the estate Estate administration
Starts: On the court's decision Estate administration
Ends: Administration completed Estate closed

Something missing or wrong for Finland?

Perintökaari 40/1965 19 luku 1 §

Germany — federal law

Nachlasspfleger — Curator of the estate

Where the heir is unknown or has not yet accepted, the probate court secures the estate and may appoint a curator for whoever turns out to be the heir.

Assigned: Nachlassgericht appoints where there is a need to secure the estate Estate administration
Starts: On appointment Estate administration
Ends: Heir established and accepts the estate Estate administration

Something missing or wrong for Germany — federal law?

BGB § 1960

Ireland

Administrator

Where there is no executor, nobody holds the estate in the interval after death: it vests in the President of the High Court as a corporation sole until administration is granted.

Assigned: Person dies intestate, or testate leaving no surviving executor Deceased
Starts: High Court grants administration, with or without will annexed; until then the estate is vested in the President of the High Court as a corporation sole Estate administration
Ends: Administration completed, or the grant revoked, cancelled or recalled by the High Court Estate closed

Something missing or wrong for Ireland?

Succession Act 1965, s 13; Succession Act 1965, s 27

Italy

Curator of a vacant estate (curatore dell’eredità giacente) — Curator of a vacant estate

Where the person called to the estate has not accepted and does not hold estate assets, the court appoints a curator, on application or of its own motion. The curator inventories the estate, pursues and answers claims, and may pay the estate’s debts and legacies with the court’s authorisation. The office ends the moment the estate is accepted.

Assigned: The person called has not accepted and is not in possession of estate assets; the court of the district where succession opened appoints a curator, on application by interested persons or of its own motion Estate administration
Starts: The curator inventories the estate, exercises and pursues its claims, answers claims brought against it, and administers it Estate administration
Ends: The curator ceases to act the moment the estate is accepted Estate administration

Something missing or wrong for Italy?

Codice civile art. 528; Codice civile art. 529; Codice civile art. 532

Sweden

Boutredningsman — Estate administrator

Appointed by the court on a party's request to take over administration of the estate from the joint owners.

Assigned: Court appoints on request of a dödsbodelägare Estate administration
Starts: On appointment Estate administration
Ends: Administration completed Estate closed

Something missing or wrong for Sweden?

Ärvdabalk (1958:637) 19 kap. 1 §

UK — England & Wales

Administrator

If there is no will, or no executor who can prove it, someone must be granted letters of administration, in the order of priority set by the Non-Contentious Probate Rules 1987 (r 22 for intestacy, r 20 for a will). An administrator has no authority until the grant. Until then the estate vests in the Public Trustee. Once granted, the administrator's title relates back to the date of death.

Assigned: Probate registry grants letters of administration to the person entitled under NCPR r 20/r 22 (or court appoints under SCA 1981 s 116) Estate administration
Starts: On the grant (title then relates back to the death for property, but not to validate proceedings begun earlier) Estate administration
Ends: Estate fully administered; no formal discharge Estate closed
: Grant revoked by the court Estate administration

Something missing or wrong for UK — England & Wales?

Non-Contentious Probate Rules 1987, SI 1987/2024, r 20; Non-Contentious Probate Rules 1987, SI 1987/2024, r 22; Senior Courts Act 1981 s 116; Jennison v Jennison [2022] EWCA Civ 1682, paras 15-18; Administration of Estates Act 1925 s 9; Administration of Estates Act 1925 s 25; Senior Courts Act 1981 s 25

UK — Northern Ireland

Administrator (letters of administration)

Where there is no will, or no executor able or willing to act, the Probate Office grants letters of administration in a statutory order of priority: surviving spouse, children or their issue, parents, siblings or their issue, then remoter kin. Before the grant, an intestate's estate vests in the Probate Judge.

Assigned: Probate Office issues letters of administration to highest-priority applicant Estate administration
Starts: On the grant Estate administration
Ends: Estate distributed Estate closed

Something missing or wrong for UK — Northern Ireland?

Rules of the Supreme Court (Northern Ireland) 1980 Order 97 r 20; nidirect, 'Probate'; Administration of Estates Act (Northern Ireland) 1955 s 3; Administration of Estates Act (Northern Ireland) 1955 s 1; Administration of Estates Act (Northern Ireland) 1955 s 41

UK — Scotland

Executor-dative (appointed by the sheriff)

Where there is no executor-nominate (usually intestacy), a person such as the surviving spouse or civil partner or next of kin petitions the sheriff to be appointed executor-dative. They then obtain confirmation, usually with a bond of caution. For small estates, the sheriff clerk handles it without a separate petition or caution.

Assigned: Sheriff decerns the petitioner executor-dative (large estate). For a small intestate estate, the sheriff clerk prepares the inventory and expedes confirmation without caution. Estate administration
Starts: On confirmation, which vests the estate for administration Estate administration
Ends: Estate ingathered and distributed Estate closed
: Confirmation becomes inoperative on death or incapacity of all executors Estate administration

Something missing or wrong for UK — Scotland?

Scottish Courts and Tribunals Service, 'Guide to dealing with a deceased's estate in Scotland'; Intestates Widows and Children (Scotland) Act 1875 s 3; Succession (Scotland) Act 1964 s 9(4); Succession (Scotland) Act 1964 s 14(1); Executors (Scotland) Act 1900 s 7

North America

Canada — British Columbia

Administrator (grant of administration, with or without will annexed)

If there is no will, or no executor who can or will act, the court grants administration by statutory priority. For intestacy the order is spouse, then a child with the consent of a majority of children, then other intestate successors, then anyone the court considers appropriate, including the PGT. An intestate administrator is deemed personal representative from the date of death.

Assigned: Court grants administration following the s 130 or s 131 priority list, or special-circumstances appointment Estate administration
Starts: On issue of the grant (estate vests in the court until then); for intestacy the administrator is conclusively deemed personal representative from the date of death Estate administration
Ends: Grant revoked, or administrator removed Estate administration
: Court discharge Estate closed

Something missing or wrong for Canada — British Columbia?

Wills, Estates and Succession Act, SBC 2009, c 13, s 130; Wills, Estates and Succession Act, SBC 2009, c 13, ss 131-132; Wills, Estates and Succession Act, SBC 2009, c 13, s 129; Wills, Estates and Succession Act, SBC 2009, c 13, s 102; Wills, Estates and Succession Act, SBC 2009, c 13, s 135; Wills, Estates and Succession Act, SBC 2009, c 13, ss 136-137; Wills, Estates and Succession Act, SBC 2009, c 13, s 141; Wills, Estates and Succession Act, SBC 2009, c 13, ss 157-159

Canada — Ontario

Estate trustee without a will (administrator)

If a person dies intestate, or the named executor refuses to prove the will, the Superior Court may commit administration to the married or conjugal spouse, the next of kin, or both, at its discretion. With the consent of the majority of those entitled, it may appoint another person. The administrator's authority comes from the court certificate. A bond is generally required, but not for small estates without minor or incapable beneficiaries.

Assigned: Court issues a certificate of appointment of estate trustee without a will (or a small estate certificate) Estate administration
Starts: On issuance of the certificate Estate administration
Ends: Court removes the administrator Estate administration
: Estate fully administered and accounts passed or approved Estate closed

Something missing or wrong for Canada — Ontario?

Estates Act, RSO 1990, c E.21, s 29; Rules of Civil Procedure, RRO 1990, Reg 194, r 74.04; Rules of Civil Procedure, RRO 1990, Reg 194, rr 74.1.01-74.1.06; Rules of Civil Procedure, RRO 1990, Reg 194, r 1.03 "certificate of appointment of estate trustee"; Trustee Act, RSO 1990, c T.23, s 37; Rules of Civil Procedure, RRO 1990, Reg 194, rr 74.16-74.18

Canada — Québec

Liquidator by operation of law (the heirs) or designated by the heirs or court

If no liquidator is designated by will, including on intestacy, the office devolves by law to the heirs together. A majority of heirs may designate a liquidator. If the sole heir is a minor or an adult under tutorship or a protection mandate, the representative designates someone else. The court designates or replaces a liquidator when heirs disagree or no one can be appointed. There is no grant of administration.

Assigned: By operation of law at the opening of the succession (heirs), or designation by majority of heirs, or court designation Deceased
Starts: Opening of the succession (death) Deceased
Ends: Court replacement Estate administration
: Final account accepted; discharge Estate closed

Something missing or wrong for Canada — Québec?

Civil Code of Québec, arts 785-785.1; Civil Code of Québec, arts 788, 791-792; Civil Code of Québec, art 613; Civil Code of Québec, arts 777-778; Civil Code of Québec, arts 819-822

Mexico — federal law

Albacea electo por los herederos o nombrado por el juez — Executor elected by the heirs or appointed by the judge

Where the testator named no albacea, or the one named does not serve, the heirs elect one by majority; if there is no majority the judge appoints from those proposed. The same applies on intestacy.

Assigned: Heirs elect by majority, or the judge appoints from those proposed Estate administration
Starts: On appointment Estate administration
Ends: Accounts rendered and the office discharged Estate closed

Something missing or wrong for Mexico — federal law?

Código Civil Federal, art. 1682; Código Civil Federal, art. 1684; Código Civil Federal, art. 1706