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The distinction between the two comes in how they are appointed to their tasks. An executor is chosen directly by the decedent by being nominated within the will. On the other hand, administrators are appointed by the court if there is no will and, therefore, no executor.
There are generally two basic types of letters, based on whether the estate is testate (with a will) or intestate (without a will). Testate letters are called Letters Testamentary and are granted to an Executor. Intestate letters are called Letters of Administration and are granted to an Administrator.
A Letter of Administration is a legal document that grants authority to an individual or individuals to manage the financial affairs and assets of someone who has died without a will. This document is issued by the court when there is no executor named in the decedents will if one exists.
A letter of administration is a court-issued document that gives someone the authority to act as the estate administrator. The administrator can then access and manage the late persons assets, such as financial accounts and real estate property.
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