Legal Question in Wills and Trusts in California

Re: definition of administrator

There is generally no difference in the powers of the administrator and the executor. The only difference is that if there is a will that names a person to be the estate representative, the title is executor.

If there is no will and the court appoints someone during the probate proceedings, the title given is administrator. I do not know the historical basis for the difference, but there is little practical difference. Both of them have the same function.

Re: definition of administrator

The executor is a person named in a will to administer the estate. If there is no will, or the person named as an executor cannot or will not serve as executor, then the courts will name an administrator. Either one has only the powers that are granted by the will or by the courts.