Probate Knowledge Center

Executors and Administrators

Your authority, duties, and rights as the personal representative.

• What is a personal representative, executor, or administrator?A personal representative is the person the court appoints to administer an estate. An executor is named in a will; an administrator is court-appointed.
• What are Letters Testamentary and Letters of Administration?Letters are the court document proving a personal representative’s authority to act for the estate, including selling real property.
• What is the difference between full authority and limited authority under the IAEA?Full authority lets a representative sell the home without court confirmation. Limited authority requires court supervision and confirmation.
• How do I get full authority under the IAEA?You request full authority in the petition for probate. The court grants it unless the will forbids it or an interested party shows good cause.
• What is a Notice of Proposed Action?It is the written notice a representative with full authority sends interested parties before selling the home without court confirmation.
• Do I have to accept the role of executor?No. Being named executor is not mandatory. You can decline, and the court will appoint an alternate or an administrator.