An Executor is a legal representative of the deceased person (who has made a Will) and who is either named or implied as such in the Will. An Executor is the person who disposes of or oversees the settlement of the assets of the deceased person in accordance with the wishes of the deceased person as stated in the Will.

The Executor has the power to (i) sue on behalf of the deceased testator (ii) dispose of the asset of the deceased testator in accordance with his wishes (iii) incur expenses for the management of the assets or the estate of the deceased until its disposal.

The Executor has the duty to (i) provide funds for the funeral of the deceased from the estate of the deceased (ii) prepare an inventory of the asset of the deceased and its value (iii) to collect the asset and debts due to the deceased (iv) maintain an account of how the asset has been disposed of (v) obtain a Probate where a probate is required (vi) issue assent of the legacy to any legatee to complete and perfect the legatee's title to the asset bequeathed.

An Administrator is a person appointed by a competent authority to oversee the disposal of the estate (assets) of the deceased person where he has not made a Will or where a Will is made but no Executor has been appointed in the Will or where the Executor is legally incapable or refuses to act as an Executor. If a person dies leaving asset, there must be some legal representative of the deceased who can legally dospose of the asset left behind. Where the deceased person has left a Will and named a person to deal with his asset, such person is an Executor. Where the deceased person has not left a Will, ie he has died intestate, then an Administrator is the legal representative.

An Executor or an Administrator is not bound to dispose of assets of the deceased until one year from the date of death. This is so even if a testator desires that it should be paid earlier. This provision in law gives time to the Executor or Administrator to act. However, an Executor or Administrator can act within one year, but they cannot be compelled to do so.