In terms of their duties, as well as powers, there is no difference between an executor and an administrator. Both are fiduciaries, thus trusted persons charged with the responsibilities imposed by law and acting in the best interests of the estate. Both the executor and the administrator have to be qualified and thus are not underage, are of sound mind, and have never been convicted of a felony, unless the court determines that the felony conviction should not disqualify the person from serving as the personal representative. However, the distinction between the executor and the administrator matters because Nevada law does not treat the executor and the administrator the same.
While the executor can be a resident of any state, the out-of-state administrator has to associate a Nevada resident as co-administrator. The court assumes that a person nominated by the decedent is responsible and thus can be trusted to handle the estate. However, it is unknown whether an out-of-state estranged heir or interested person can be reliable. Even if the administrator is the only presumed heir, the court’s protection extends beyond the heirs and applies also to the creditors of the estate. Therefore, even the sole heir, if residing outside of Nevada, needs a co-personal representative who is a Nevada resident.
An out-of-state administrator of the estate who needs a Nevada resident co-personal representative may be able to find a relative, neighbor, or friend who is a Nevada resident and is willing, and qualified, to take on the function of co-personal representative. If an out-of-state administrator does not know anyone trusted in Nevada, then their attorney may recommend a trusted person to serve as the co-personal representative. Alternatively, a professional administrator can be engaged to assist. A professional administrator can be a private company or, oftentimes, the public administrator can be appointed by the court to serve as personal representative.
When there is a possibility of conflict or contest, a professional administrator is likely a better choice for co-personal representative as the office of professional administrator has the experience in handling the probate of an estate, including securing and selling the assets as well as making all the necessary arrangements. It may be unfair to expose a friend or a neighbor to angry relatives and heirs and to ask of them to devote significant amounts of time toward the administration of the estate.
A relative, neighbor, or friend, even a person recommended by one’s attorney, can often serve as a Nevada resident co-personal representative free of charge. A professional administrator will certainly charge a fee. Similarly, a public administrator is paid from the estate, if there are funds available.
In the end, while a professional personal representative under the court’s supervision will certainly handle the matters of the estate, naming a chosen person to serve as a personal representative might make the probate administration of the estate simpler.
