Confusing Terms in Legal English: “executor” vs. “administrator”

As used in inheritance law (Derecho de sucesiones) these are related terms that are sometimes confused. An executor of a will is an albacea testamentaria, that is, a person appointed by a testator in his will to carry out its provisions upon his death. A female executor was formerly known as an “executrix” (plural: “executrices”), a term now considered archaic, “executor” now being the preferred English designation for albaceas testamentarias of both sexes.

In contrast, a person appointed by a court to manage the estate of an intestate decedent (causante muerto intestado) or when no executor has been appointed is called an “administrator” (in Spanish, albacea judicial or albacea dativo). Although “administrator” is now used for an albacea judicial of either sex, a female administrator was formerly known as an “administratrix” (plural: “administratrices”).

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