What is the Difference Between an Executor and an Administrator in Illinois?

An Executor is the individual named in a Will to serve as the representative of the Estate. An Administrator is an interested party to an estate who petitions the Probate Court to serve as the Estate representative in the absence of a Will. 

Generally, attorney-prepared Wills in Illinois contain a provision waiving the necessity of a surety bond to be posted for the Executor. An Administrator, however, will usually need to obtain a surety bond in order to serve as the representative of the Estate.

Also, since the Administrator does not have a Will to follow, he/she must look to the Illinois Probate Act for guidance on how to collect assets, pay debts, and make distributions to heirs.