Independent administration
Administering an estate without the court supervising each step — and it is granted in opposite ways in different states.
What it means
An independent administration is one the court appoints somebody to and then largely leaves alone: no order to sell, no petition to distribute, no filings, except where the statute or an interested person requires one.
How it is obtained runs in opposite directions. Illinois grants it by default unless the will forbids it or somebody objects. Texas requires the will to provide for it, or every distributee to agree.
It is not the same as an informal probate. Informal probate is about how the appointment is made; independent administration is about how much supervision follows it.
Why it matters
It is the single fact that decides how much a beneficiary can see. Where administration is independent there may be no inventory or account on file at all, and the courthouse will have nothing to show you.
It is usually revocable. In Illinois any interested person can petition to terminate it, and the court then sets when the inventory and account that were never filed are due.
When you are likely to meet it
- When the letters say independent executor or independent administrator.
- When a family looks for a court file and finds an appointment and nothing after it.
- When a will is being drafted and the question is whether to provide for it.
How this varies by state
Whether it is the default, and what it takes to end it, is set by state law.