Toms River, NJ - Christine Matus of The Matus Law Group (https://matuslaw.com/executor-vs-administrator-what-is-the-difference/), a leading New Jersey probate lawyer, released an in-depth explanation of the differences between an executor and an administrator within New Jersey probate, outlining responsibilities, appointment procedures, and safeguards designed to protect estates and beneficiaries. The guidance addresses common points of confusion that arise when a decedent leaves a will naming an executor or dies intestate, triggering the appointment of an administrator by the Surrogate’s Court.
In the statement, the New Jersey probate lawyer highlights that an executor derives authority from a validated will and receives Letters Testamentary, while an administrator is court-appointed and receives Letters of Administration when no valid executor is available. Both serve as fiduciaries with duties that include identifying and valuing estate assets, notifying interested parties, managing claims from creditors, paying taxes, and distributing remaining property pursuant to either the will or New Jersey’s intestacy statutes. The clarification also notes the availability of an administrator C.T.A. when a will exists but the named executor cannot serve, preserving adherence to the decedent’s directives.
The overview further explains that a personal representative may be a single individual, a co-fiduciary, or an institutional fiduciary. Acceptance of the role is voluntary, and a nominated executor may decline or later seek relief from the court. For intestate estates, the Surrogate’s Court follows a statutory order of preference that typically begins with a spouse or domestic partner, then adult children, and other close relatives. Where multiple candidates possess equal priority, consents or renunciations may be required. In certain modest estates, affidavits for a surviving spouse or next of kin streamline appointment, subject to statutory value thresholds. Throughout the process, the New Jersey probate lawyer emphasizes meticulous recordkeeping, timely filings, and clear communication with heirs, beneficiaries, and creditors.
Matus also clarifies grounds for removal of a personal representative when performance falls below fiduciary standards. Mismanagement of assets, failure to follow court orders, neglect of required accountings, material conflicts of interest, or incapacity may justify a petition for removal. If removal is granted, the court appoints a successor to complete the administration. Timeframes vary with estate complexity, creditor claims, and tax clearances, including any required state or IRS closing letters before final distribution. The explanation distinguishes the executor’s role from that of a trustee, noting that trustees act under the terms of a trust during the grantor’s life or after death, while executors act only after death under court authority.
Selecting a capable and trustworthy personal representative remains critical to effective administration. The New Jersey probate lawyer underscores that thoughtful planning, a properly executed Last Will and Testament, and designation of alternates can reduce delays and disputes. Where estates include business interests, a personal representative may lawfully exercise voting and management rights as a proxy to protect estate value and beneficiary interests, subject to fiduciary obligations and court oversight when required.
About The Matus Law Group:
The Matus Law Group is a New Jersey law firm focused on probate, estate planning, and real estate matters. Led by attorney Christine Matus, the firm advises families on wills, trusts, probate administration, and related fiduciary duties. The practice serves clients throughout Ocean County, Monmouth County, and surrounding communities. To request a consultation or learn more, contact The Matus Law Group at (732) 785-4453 or visit the firm’s website.
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Website: https://matuslaw.com/monmouth-county-nj/
