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New Jersey Executor vs Administrator

The title on the Letters changes depending on whether there was a will — but the statutory commission, and most of the work, stays exactly the same either way.

N.J.S.A. Title 3B

By the FigureMyTax Editorial Team · How we calculate

Quick answer: an executor is named in a valid will and gets Letters Testamentary. An administrator is appointed when there's no will (or no willing/able named executor) and gets Letters of Administration instead. The compensation rules are identical. See how this affects your own estimate in the New Jersey probate timeline calculator.

Side by side

ExecutorAdministrator
Appointed viaNamed in a valid willCourt appointment, intestacy priority rules
Letters issuedLetters TestamentaryLetters of Administration
Bond typically required?Often waived if the will says soOften required, absent a waiver
CommissionN.J.S.A. 3B:18-14N.J.S.A. 3B:18-14 (same schedule)

When there's no will

Priority to serve: without a valid will, New Jersey's intestacy rules determine who has priority to be appointed administrator — typically starting with a surviving spouse, then children, then more distant relatives. When multiple people share equal priority, sorting that out with the Surrogate's Court can add time before Letters issue at all, compared to simply admitting an already-named executor's will.

The bond difference is often the bigger practical gap

Many wills specifically waive the bond requirement for a named executor, which is common and saves both cost and time. An administrator appointed without a will, by contrast, often has to post a bond absent a similar waiver — adding an extra step, and sometimes real cost, that an executor working from a well-drafted will may skip entirely.

Facing probate in New Jersey?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a New Jersey attorney

Executor vs administrator — frequently asked questions

What's the difference between an executor and an administrator in New Jersey?

An executor is named in a valid will and receives Letters Testamentary. An administrator is appointed when there's no will, or no executor named in the will is able or willing to serve, and receives Letters of Administration instead — the underlying duties are largely the same either way.

Does having no will slow down New Jersey probate?

It can add an early step — the court has to determine who has priority to serve as administrator under New Jersey's intestacy rules, which can take longer than simply admitting an already-named executor's will, especially if multiple family members have equal priority.

Does an administrator need to post a bond in New Jersey?

Often yes, even when a will exists but doesn't waive the bond requirement — an administrator without that waiver commonly must post one, which can add time and cost the estate wouldn't otherwise face with a bond-waiving will.

Do executor and administrator commissions differ in New Jersey?

No. Both are compensated under the same statutory schedule, N.J.S.A. 3B:18-14, regardless of whether they're serving under a will or by court appointment in an intestate estate.

Keep going

New Jersey Probate Timeline CalculatorYour estimate, based on your answers New Jersey Probate DeadlinesEvery statutory date, with citations What Delays Probate in New JerseyBeyond the statutory floor New Jersey Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on N.J.S.A. Title 3B. Which situation applies to a specific estate depends on its own facts. Consult a licensed New Jersey attorney before proceeding.