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

If the decedent has made a will in Coal City, 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 guaranteeing 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 guarantee 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 done.

What if The Will Does Not Name an Executor?

If a will in Coal City, Illinois does not name a person to serve as executor, or the decedent dies without having written a will, the court will assign 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 case, 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 share in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Coal City, Illinois court to be assigned executor.

Whoever ends up as the executor, it is their responsibility to serve as the personal representative of the estate. They will be accountable 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 Coal City, Illinois Estate Administration Attorney Help?

If you have unexpectedly been appointed to be the executor of a relative's estate, and don't know how to handle this process, you should speak with a reputable Coal City, Illinois wills and trusts attorney.