The distinction between an Independent Administrator and an Independent
Executor is the same distinction as between Administrator and Executor, generally.
An "administrator" in probate is one appointed where the decedent left no will, and
an "executor" is appointed pursuant to the decedent's will.

   As the decedent's estate is distributed either according to state law, or according
to the decedent's last will, if the decedent left a last will, so it is with the powers of
the administrator or executor. That is, the administrator's powers are defined by the
Probate Act and an executor's powers may be expanded or diminished by the
decedent's will.

   The purpose of Independent Administration, a relatively recent liberalization, was
to permit the representative to administer the estate without having to seek court
approval for the representative's actions, except as otherwise required or requested
by any interested person. 755 ILCS 5/28-1.

   Not having to draft petitions and appear in court for court approval saves time
and expense. However, while an inventory and accounting do not have to be filed
and approved by the court, the initial inventory of the estate and a final accounting
need to be served on the interested parties.

   An independent representative may:

   1. Lease, sell at public or private sale, for cash or on credit, mortgagor pledge
the personal estate of the decedent and distribute in kind any personal estate the
sale of which is not necessary;

   2. Borrow money with or without security;

   3. Mortgage or pledge agricultural commodities;

   4. Continue decedent's unincorporated business without personal liability except
for malfeasance or misfeasance for losses incurred; and obligations incurred or
contracts entered into by the independent representative with respect to the
business are entitled to priority of payment out of the assets of the business but,
without approval of the court first obtained, do not involve the estate beyond those

   5. Settle, compound or compromise any claim or interest of the decedent in any
property or exchange any such claim or interest for other claims or property; and
settle, compound or compromise and pay all claims against the estate as provided
in Sections 18-11 and 18-13, but claims of the independent representative or his
attorney shall be subjection to Section 18-8;

   6. Perform any contract of the decent;

   7. Employ agents, accountants and counsel, including legal and investment
counsel;  delegate to them the performance of any act of administration, whether or
not discretionary; and  pay them reasonable compensation;

   8. Hold stocks, bonds and other personal property in the name of a nominee as
provided in Section 19-12;

   9. Take possession, administer and grant possession of the decedent's real
estate, which term in this section includes oil, gas, coal and other mineral interests
therein;  pay taxes