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 Charleston, Illinois, the process will play out according to the instructions specified in the will.
Wills typically name an executor. The executor's role revolves around ensuring that the instructions in the will are implemented.
The executor is often 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 the will in Charleston, Illinois does not name an executor, or the decedent left no will to be found, the court has to appoint a person to serve as the administrator of the estate.
Usually, 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. Usually, 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 no executor is named in the will, anyone with a stake in the will can apply to the court in Charleston, Illinois to be the executor of the estate, if they wish.
When the executor is chosen, they serve as a sort of incarnation of the decedent's estate - the estate's legal interests become the executor's interests, and the executor is expected to protect the estate's interests as they would their own.
Can a Charleston, 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 experienced Charleston, Illinois lawyer who can help you navigate this sometimes-complicated process.