Estate administration, in basic terms, is the process of maintenance and distribution of a person's assets after they die.

If the decedent has made a will in Auburn, Illinois, the process will play out according to the instructions stated in the will.

Wills normally name an executor. The executor's role revolves around ensuring that the instructions in the will are implemented.

The executor is frequently the person who will get the most money or property out of the will if it is given effect, because this is the person who will have the greatest incentive to see that the probate process goes as quickly as possible.

What if The Will Does Not Name an Executor?

If a will in Auburn, Illinois does not name a person to serve as executor, or the decedent dies without having written a will, the court will appoint a person to act as estate administrator.

Typically, the person chosen to be executor is the one who would benefit most under the will, or under Illinois's intestacy laws. "Intestacy" refers to a situation in which a person dies without a will, or "dies intestate." Every state has laws to address this situation, and there isn't a lot of variation from state to state. Typically, the decedent's property will go to his or her closest relative, and if absolutely no living relatives can be found, it will go to the state.

If the will doesn't name a person who is to serve as executor, or the person named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Auburn, Illinois court to be the executor.

Whoever ends up as the executor, it is their responsibility to serve as the personal representative of the estate. They will be responsible for taking account of all of the decedent's assets and debts, as well as notifying beneficiaries who may be estranged from the decedent, among other things.

Can a Auburn, Illinois Estate Administration Attorney Help?

If you find yourself named in a will as executor of an estate, and aren't sure how to meet your responsibilities, or where to begin, it would be a good idea to consult with an efficient Auburn, Illinois lawyer who can help you navigate this sometimes-perplexing process.