INDEPENDENT EXECUTOR
A more thorough discussion of Independent Administration is available on the Independent
Administrator page. 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 essential benefit common to both Independent Administrators and Independent Executors
is the ability to act without the requirement of petitioning the court and obtaining prior court
approval.

  While Independent Administration may be terminated by any interested person, if
Independent Administration is directed in the decedent's will it may only be terminated if cause
is shown for that termination.

  Please note that the term "Independent Administration" is often used regardless whether it
involves an Independent Administrator or and Independent Executor.