Difference Between Executor and Administrator

Who Should Be the Administrator of a Louisiana Succession?

When someone dies in Louisiana owning assets in their name, a Louisiana Succession is required to administer those assets and transfer them to the heirs. When someone in those circumstances dies leaving a last will and testament, the Will likely appointed an executor. But if no last will exists, then often a judge must appoint an Administrator of the Succession. So, who should be the Administrator of a Succession?

Once appointed, the Administrator often opens an Estate bank account, deposits funds from previously frozen accounts into the estate account, pays estate expenses from the estate account, sells estate assets, such as vehicles, investments, or real estate, and handles other necessary Succession administrative matters.

But someone must petition the court and ask a judge to be appointed the Administrator. Who should that be? Well, it's best if that person has the support of all of the other heirs. If all of the heirs agree, then an Administrator can be appointed as an "Independent Administrator," which lessens some of the bureaucratic red tape that must be handled.

When a surviving parent dies, and an Administrator must be appointed, things work well when those heirs all get together and agree that one of them should be appointed the Administrator. 

Sometimes, but rarely, a co-owner of property requests to be appointed an Administrator because real estate needs to be sold, the deceased was a co-owner, and another co-owner petitions the court to be appointed the Administrator so that the property can be sold.

Note that an Administrator will be entitled to compensation from the estate. Sometimes, an Administrator will waive their compensation because the Administrator wants to sell of the heirs treated equally. In addition, an Administrator's fee would be taxable income to the Administrator, while an inheritance is generally income tax free.

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