Administrator of Estate
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How to Protect Your Inheritance (and Your Family) from the Perils of Amateur Administration
When a family member dies, the surviving relatives are faced with a choice that will either preserve the family’s affection or destroy it. This choice begins with a simple question: “Who is going to be responsible for this?”
Usually, the answer is a relative. The law calls this person an “Administrator.” It sounds like a very dignified title, like an Admiral or Baron. But in reality, an Administrator is just a person who has volunteered to stand in the middle of a lightning storm while holding a copper pole.
You see, an Administrator is a fiduciary. That means if anything goes wrong—if a house burns down or a nickel goes missing or the government doesn’t get its taxes—the Administrator is the one the Judge looks at with a very cold eye.
In Ohio, the law says you can get paid for this. You might get four percent. But you have to earn it. And you earn it by doing things that have nothing to do with love or mourning.
While most family members begin this journey with enthusiasm, the “day job” of living eventually intervenes.
Here are the facts you should consider before you or a relative accept the heavy mantle of Administrator.
I. The Fiduciary Trap
An administrator is a fiduciary, answerable to the Probate Court. This is not a title of honor; it is a position of significant legal peril. You are personally liable for losses, theft, or the destruction of estate property. You are responsible for the dead person’s taxes. In Ohio, the law allows a fee for this service—typically 4% or less of the estate—but that fee is earned through grueling, detailed labor. Yes, your lawyer can advise you, but they cannot do this work for you. They do not have the power of the pocketbook because they are not the administrator. They can give you the name of the property insurance company to call, but they cannot sign the contract for you. They definitely cannot pay the bill for you.
II. The “Surface” of the Work
Consider just the house that’s left behind. Before a single dollar can be distributed, the administrator must:
- Physically secure the property and board up vacant buildings.
- Purchase insurance and pay property taxes.
- Manage renters, create rent rolls, and bring leases current.
- Re-key locks and move valuables to secure offsite locations.
- Transfer utilities, cancel cable services, and set up postal forwarding.
- Maintain the grounds—mowing in summer and winterizing pipes in winter.
- Visit the property at least once a week.
If you don’t mow the grass, the neighbors get angry. If you don’t pay the taxes, the government gets angry. And if you don’t do any of it fast enough, your own family gets the angriest of all.
This list merely scratches the surface. When a family member attempts this while managing their own career and children, the administration inevitably grinds to a crawl.
III. The Cost of Delay
When administration slows down, the heirs begin to ask pointed questions: “Where is my money? Why hasn’t the house sold? Why isn’t the grass mowed?”
I have seen it happen. People who used to share Thanksgiving turkey start looking at each other like hungry wolves. They think their brother is stealing the silver spoons. They wonder why the money isn’t in their pockets yet. They “lawyer up.” They stop sending birthday cards.
A professional administrator eliminates this friction.
IV. The Professional Alternative
There is a more civilized way. At Linn Legal, our lawyers serve as professional administrators. The advantages are clear:
- Speed: We complete administrations in a matter of weeks, rather than the months or years a family member might take. The family members can go back to being a family, which is hard enough to do even when there isn’t a pile of money on the table.
- Savings: By appointing us as administrators, the associated lawyer fees are reduced by half.
Authority: Unless we are appointed by the Court, banks will not talk to us, and we cannot sign deeds or deal with the IRS. Only the administrator has the power to move the case forward.
The Bottom Line
Asking a family member to be an administrator is asking them to learn a complex profession while on the job, under the watchful, resentful eyes of their own relatives.
If you are named as an executor, you have the right to decline the job and nominate our firm instead. We do this work every day. We work to get your inheritance faster while keeping your family ties intact.
Death is complicated enough. Why turn a funeral into a second career? Contact Linn Legal today for a free consultation. Let us handle the labor, so you can handle the legacy.
