An administrator has to be appointed by the court. The role of the administrator is the same as executor and the only difference is that the administrator is obviously not the choice of the testator/will-maker. The decision of who can be the administrator depends on a number of matters but what usually happens is that the person who receives the largest legacy will make an application for letters of administration with the will annexed.
If the other beneficiaries agree to that course and formally consent to it in writing then the court will almost certainly grant letters of administration with the will annexed. This means that the court appoints the administrator to carry out the terms of the will as if the administrator was the executor with the same rights and responsibilities as the executor. If the other beneficiaries do not consent or if they are not able to consent due to them being under the age of 18 then the court may require the administrator to obtain a bond to ensure that he carries out his duties as administrator before it makes the grant of letters of administration with the will be annexed.
What happens if you have two executors and one dies.
This is not a problem with the application for a grant of probate is made by the surviving executor. If the executor dies while he is administering the estate then provided there are one or more executors to whom probate has been granted then the surviving executor(s) continue on with the administration of the estate until it is completed. This has been the established law in NSW since the case of Joliffe-v-Fera in 1973.
