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 Clinton, 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 generally has at least some work cut out for them. This obviously raises the issue of compensation. The easiest way to ensure that the executor does his or her job is simply to appoint the person who has the most to gain from the will. That way, they cannot inherit until the process is completed.

What if The Will Does Not Name an Executor?

If a will in Clinton, 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.

This is typically the person who will benefit the most if the will is executed. If there is no will (a situation known as "intestacy"), Illinois has a system of laws distributing the decedent's property to his or her closest living relative. In such a situation, the closest living relative has the most to gain from an orderly administration of the estate, so they will typically be appointed.

In cases where the will doesn't name an executor, or the person named is unable to take on that role for whatever reason, any person who has some direct stake in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Clinton, Illinois court to be appointed 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 Clinton, Illinois Estate Administration Attorney Help?

If you are the executor of an estate, and don't know how to handle some of the legal and financial complexities that may arise, an experienced Clinton, Illinois lawyer can make this process a great deal easier.