Which statement describes the timing of an executor’s and an administrator’s authority?

Which statement describes the timing of an executor’s and an administrator’s authority?

• A. Executor's authority dates from death; administrator's authority dates from the grant but back to death.
• B. Both start from death.
• C. Both start from the grant.
• D. Executor's authority dates from the grant; administrator's authority dates from death.

Answer: (A)

At death, the way authority to deal with the estate begins differs for an executor and an administrator. An executor, named in a will, gains his or her powers from the moment of death because the will directs the handling of the estate right away. An administrator, by contrast, obtains authority only after the court gives letters of administration. To ensure continuity and proper management of assets from the date of death, that grant can be backdated to death, so the administrator’s authority effectively covers the period from death. So the correct view is that the executor’s authority dates from death, while the administrator’s authority dates from the grant—backdated to death if needed.

At death, the way authority to deal with the estate begins differs for an executor and an administrator. An executor, named in a will, gains his or her powers from the moment of death because the will directs the handling of the estate right away. An administrator, by contrast, obtains authority only after the court gives letters of administration. To ensure continuity and proper management of assets from the date of death, that grant can be backdated to death, so the administrator’s authority effectively covers the period from death. So the correct view is that the executor’s authority dates from death, while the administrator’s authority dates from the grant—backdated to death if needed.