Executor or Administrator: What's the Difference?

If you’re helping settle an estate in British Columbia, you’ll encounter both terms — sometimes used interchangeably, though they mean different things. The distinction matters, because it determines how you get your authority, what you can do before you have it, and how much extra work is involved.

The Short Version

An executor is named in a will. An administrator is appointed by the court when there’s no will, or when the named executor can’t or won’t act.

Both do essentially the same job: gather the assets, pay the debts and taxes, and distribute what’s left. The difference is where their authority comes from and how much friction there is in getting it.

Under BC’s Wills, Estates and Succession Act (WESA), both roles are formally described as a personal representative. You’ll see that term throughout the legislation and the court forms.

The Executor

An executor is chosen by the deceased and named in the will. That choice is a statement of trust — the will-maker decided this person should carry out their wishes.

Where authority comes from. An executor’s authority technically begins at the moment of death, flowing from the will itself. This is a meaningful practical difference: an executor can start acting immediately in limited ways — arranging the funeral, securing property, notifying institutions — without waiting for a court grant.

What they still need. For most substantive steps — selling real property, closing large accounts, dealing with investment firms — the executor will still need a grant of probate confirming their authority. See our guide to what probate is and whether you need it.

Can an executor refuse? Yes. Being named doesn’t obligate you. An executor can renounce, provided they haven’t already started acting on the estate (“intermeddling”). Once you’ve begun administering, stepping back becomes complicated. If you’re unsure, decide early and get advice before you do anything.

The Administrator

An administrator steps in when there’s no valid will, or when the will exists but there’s no one willing and able to act as executor.

Where authority comes from. Entirely from the court. Until the BC Supreme Court issues a grant of administration, an administrator has no legal authority over the estate. This is the key practical difference — there’s a gap between the death and the grant during which almost nothing can be done.

Who has the right to apply. WESA sets out an order of priority:

1. The spouse of the deceased, or a person nominated by the spouse

2. A child of the deceased who has the consent of a majority of the children

3. Any other child of the deceased

4. A person the court considers appropriate

Someone with a lower priority can apply if those ahead of them consent or renounce.

The bond requirement. This is the biggest practical burden. An administrator may be required to post a bond — essentially an insurance policy protecting the estate and its beneficiaries against mismanagement. Bonds cost money, require underwriting, and can be difficult to obtain if the administrator has poor credit or lives outside BC. Courts can dispense with the bond in some circumstances, particularly where all beneficiaries consent, but it’s an extra step and an extra application.

Administrator with Will Annexed

There’s a middle case worth knowing about. Sometimes a valid will exists, but the named executor has died, is incapable, can’t be located, or renounces.

In that situation, the court appoints someone to administer the estate according to the terms of the will. This person is called an administrator with will annexed, and the grant is a grant of administration with will annexed.

The will still governs who inherits — the change is only in who carries it out.

Side by Side

ExecutorAdministratorAppointed byThe deceased, in the willThe BC Supreme CourtAuthority beginsAt deathWhen the grant is issuedCourt grant neededGrant of probateGrant of administrationDistribution followsThe terms of the willWESA’s intestacy rulesBond usually requiredNoOften yesCan act before the grantLimited actions, yesEssentially no

Why It Matters Practically

Speed. An executor can move faster. Where there’s no will, the estate is effectively in limbo until the court appoints someone — which can take months.

Cost. Administration typically costs more: the bond premium, potentially an application to dispense with the bond, and more legal work overall.

Certainty about who’s in charge. An executor is named. With an administrator, family members have to sort out who applies — and that’s a common flashpoint for conflict.

Where the money goes. An executor distributes according to the will. An administrator distributes according to WESA’s fixed formula, which may not reflect what the deceased actually wanted. A common-law partner, a stepchild, a close friend, or a charity may receive nothing.

The Responsibilities Are the Same

Whichever role you hold, you’re a fiduciary. That means you must:

• Act in the best interests of the estate and its beneficiaries, not your own

• Keep estate funds entirely separate from your personal finances

• Maintain complete and accurate records

• Deal even-handedly among beneficiaries

• Pay debts and taxes before distributing anything

• Act with reasonable diligence

You can be held personally liable for losses caused by mismanagement — including distributing the estate before debts, taxes, or potential wills variation claims are resolved.

Both roles are also entitled to reasonable compensation from the estate, up to a maximum of 5% of the gross aggregate value under BC’s Trustee Act, plus a care and management fee in some cases.

What to Do If You’ve Just Learned You’re One of These

If you’re an executor: locate the original will, confirm it’s the most recent, and decide whether you’re prepared to act. Then start building the estate inventory — see our guide to finding estate documents.

If there’s no will: determine who has priority to apply, and get the family aligned on it before anyone files. Contested applications are expensive and slow.

Either way: get certified death certificates early. Everything downstream depends on them.

Where We Come In

At Alternatives Funeral & Cremation Services, we work with executors and administrators constantly — often within days of the death, before anyone has spoken to a lawyer.

We handle the death registration, coordinate the Medical Certificate of Death, and order the certified death certificates you’ll need for the court application and every institution you deal with. And if you’re unsure what comes next, we’re happy to walk you through the sequence.

Learn more at myalternatives.ca

This article provides general information about estate administration in British Columbia. For advice about a specific estate, consult a qualified estate lawyer.