Executors and administrators both manage a deceased person’s estate, but differ in appointment, authority, and duties under Ghanaian succession law, primarily the Wills Act, 1971 (Act 360) for testate succession and the Intestate Succession Act, 1985 (PNDCL 111) for intestate cases. In banking, understanding this is crucial for handling deceased customers’ accounts, as banks like Stanbic Bank Ghana freeze accounts until proper authority is granted to avoid liability.

Key Differences:

1. Appointment:
   • Executor: Appointed by the testator (deceased) in their will. The appointment is voluntary and specified, e.g., naming a family member or lawyer. If no executor is named, the court appoints one under Act 360.
   • Administrator: Appointed by the court (High Court) or family consensus under PNDCL 111 when the deceased dies intestate (without a will). Family members apply for letters of administration, prioritizing spouses, children, or parents.
2. Basis of Succession:
   • Executor: Operates in testate succession, where the estate distributes per the will’s terms, allowing the testator’s wishes (e.g., specific bequests).
   • Administrator: Handles intestate succession, distributing per statutory rules in PNDCL 111 (e.g., spouse gets household chattels, children share residue), ensuring equitable division without personal discretion.
3. Authority and Powers:
   • Executor: Authority derives from the will, effective from death, but probate (court confirmation) is needed for asset dealings. Powers include collecting assets, paying debts, and distributing per will.
   • Administrator: Authority starts only after letters of administration are granted; no pre-grant powers. Similar duties but bound strictly by law, not personal instructions.
4. Accountability and Removal:
   • Executor: Accountable to beneficiaries; removable by court for misconduct (e.g., mismanagement). In practice, banks require probate before releasing funds.
   • Administrator: Accountable to court and family; removable similarly. Under PNDCL 111, administrators must file inventories, promoting transparency.
5. Practical Implications in Banking:
   • For executors, banks verify probate to unfreeze accounts, aligning with BoG’s anti-money laundering directives.
   • For administrators, delays in letters of administration can complicate estate loans, as seen in cases post-2019 banking reforms.

Overall, executors offer flexibility reflecting the deceased’s intent, while administrators ensure statutory fairness, both safeguarding estate integrity.