In a Sale
What This Means When the House Is Being Sold
To a title company an administrator and an executor are the same thing: a person holding a court document that says they may act. What matters is the Letters of Administration and the authority the appointment grants, not the label on the role.
The practical difference shows up earlier, in how long it takes to get there. Where there is no will, the court decides who is appointed and family members have an opportunity to be heard on it. Where relatives disagree, or where several people have equal standing to serve, appointment takes longer, and nothing can go under contract in the meantime.
Sequence
What Usually Happens
- 1A petition is filed asking the court to appoint an administrator
- 2Interested parties are notified and a hearing is set
- 3The court appoints, and Letters of Administration are issued
- 4Certified copies go to title, escrow, and any bank holding estate accounts
Compare
Not to Be Confused With
- This TermAdministrator
- Often Mistaken ForExecutor
- Often Mistaken ForPersonal Representative
What Tells Them Apart
An executor is named in a will. An administrator is appointed by the court where there is no will, or where nobody named is able to serve. Personal Representative is the umbrella term covering both, and it is the phrase Nevada filings tend to use. On a purchase contract the label matters far less than the Letters and the authority they carry.
Nevada
In Nevada
Nevada filings and orders commonly use Personal Representative rather than administrator or executor, so a document may not use the word a family is expecting to see.
Questions
Questions People Ask
Who becomes the administrator if there is no will?
The court decides. State law sets an order of priority among the people who may ask to serve, usually beginning with a surviving spouse and close family. Interested parties can be heard before the appointment is made, and an attorney can explain where a particular person sits in that order.
Can an administrator sell a house?
Generally yes, once Letters of Administration are issued, though whether the sale needs court confirmation depends on the authority the appointment grants. Escrow and title will want to see the Letters and the order before they open a file. The estate's attorney can confirm which path a specific sale takes.