Differences between an EXECUTOR, ADMINISTRATOR and SPECIAL ADMINISTRATOR

How appointed

EXECUTOR
*appointed/ named by the testator in his will

ADMINISTRATOR
SPECIAL ADMIISTRATOR
*Appointed if decedent died intestate or did not *Appointed if there is delay in granting letters
appoint an administrator, or if the appointee administration or letters testamentary, or if
refused or is not qualified.
executor is a claimant of the estate he represents

*1. Administration
*1. Administration
a) To handle and marshal all assets of the
a) To handle and marshal all assets of the
deceased;
deceased;
b) To manage the estate wisely and
b) To manage the estate wisely and
economically and in a business-like manner;
economically and in a business-like
and
manner; and
c) For the purpose of marshalling, he may
c) For the purpose of marshalling, he may
bring such action as he deem necessary.
bring such action as he deem necessary.
Basic duties to
the estate

*1. To take possession and charge of the goods,

chattels, rights, credits, and estate of the
deceased and preserve the same for the executor
or administrator appointed afterwards;
2. To commence and maintain suits for the
preservation of the estate during the time a
regular administrator or executor has not been
appointed;

2. Liquidation
2. Liquidation
a) Determine assets and properties of the
a) Determine assets and properties of the 3. To sell such perishable or other property as the
deceased
deceased
court orders to be sold; and
b) Pay the debts of the deceased
b) Pay the debts of the deceased
4. To pay such debts of the deceased only upon
3. Distribution
3. Distribution
orders of the court.
a) To distribute the net estate among the
a) To distribute the net estate among the
known heirs
known heirs
*Accountable:
*Accountable:
*Accountable:
1) for the whole estate of the deceased which has 1) for the whole estate of the deceased which has 1) for the whole estate of the deceased which has
come into his possession
come into his possession
come into his possession

Accountability
and
Compensation

2) for income from realty used by him

Cynthia D. Baculi

2) for income from realty used by him

2) for income from realty used by him

Differences between an EXECUTOR, ADMINISTRATOR and SPECIAL ADMINISTRATOR

3) if he neglects or delays to raise or pay money

3) if he neglects or delays to raise or pay money

3) if he neglects or delays to raise or pay money

*Compensation shall be either of:

1. Four Pesos (P4.00) a day; or

*Compensation shall be either of:

1. Four Pesos (P4.00) a day; or

*Compensation shall be either of:

1. Four Pesos (P4.00) a day; or

2. Commission depending on the value of the estate

settled, as follows:
P5,000.00 = 2%
P5,000.01 but not more than P30,000.00 = 3%
P30,000.01 but not more than 100,000.00 = 2 %
P100,000.01 and above = 2 %

2. Commission depending on the value of the

estate settled, as follows:
P5,000.00 = 2%
P5,000.01 but not more than P30,000.00 = 3%
P30,000.01 but not more than 100,000.00 = 2
%
P100,000.01 and above = 2 %

2. Commission depending on the value of the

estate settled, as follows:
P5,000.00 = 2%
P5,000.01 but not more than P30,000.00 = 3%
P30,000.01 but not more than 100,000.00 = 2
%
P100,000.01 and above = 2 %

Subject to the following:

1. When the estate is large and settlement has been
attended with great difficulty, and has required a high
degree of capacity on the part of the administrator, a
greater sum may be allowed;
2. When the deceased by will make some other
provision for the compensation of the executor, the
provision in the will shall be a full satisfaction for his
service unless by written instrument filed in court, he
renounces all claims to the compensation provided by
the will.

Cynthia D. Baculi

Provided that:
1. When the estate is large and settlement has
been attended with great difficulty, and has
required a high degree of capacity on the part of
the administrator, a greater sum may be allowed.

Differences between an EXECUTOR, ADMINISTRATOR and SPECIAL ADMINISTRATOR

Cynthia D. Baculi