Legal Question in Wills and Trusts in Illinois
administrator
What is the difference between an administrator and an executor of a will. What are the duties of an administrator. Does the administrator have juristiction over the administrator.
2 Answers from Attorneys
Re: administrator
The difference is just a matter of terminology. "Executor" is the term used when the person serving is named under the decedent's Will. "Administrator" is the term used when there is no Will or when the person serving isn't named under the will (called administrator with will annexed). There will not be both an executor and administrator.
Re: administrator
They're essentially the same thing -- generically called the "personal representative". It's the person appointed by the court to administer the estate.
The executor is named in the will.
An administrator may be appointed either because there is no will, or the persons named in the will cannot serve. The court chooses among relatives in a prescribed order.
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