What is the difference between a "independent executor" and just an "exeuctor" to a will?

Asked 11/6/2009 under Wills, Trusts, Probate | 672 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Wills, Trusts, Probate Law Answers

An "independent" executor, usually called an administrator, is not really at all different from the executor under a will.  The differences all come from the fact that in one instance the deceased left a will, and the other deceased did not.

The executor and the administrator both have the same job, as personal representative of the estate.  The executor gets the job by being named in the will, the administrator gets the job by applying for it as one of the deceased's next of kin.  Once the bills are all settled, the executor distributes the net estate according to the directions in the will, while the administrator follows the statute that's used when there is no will ("intestate succession").  Otherwise, the powers and duties are identical.

Related Wills, Trusts, Probate Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com