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 Edwardsville, 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 guaranteeing that the instructions in the will are implemented.

The executor usually has at least some work cut out for them. This apparently 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 finalized.

What if The Will Does Not Name an Executor?

If an Edwardsville, Illinois will does not assign anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

This is most frequently the person who would inherit most under the will, or under the intestacy scheme of Illinois. Intestacy is when a person dies without having made a will, or if a will turns out to be invalid. The intestacy laws of each state control how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

If no executor is named in the will, anyone with a share in the will can apply to the court in Edwardsville, 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 safeguard the estate's interests as they would their own.

Can a Edwardsville, Illinois Estate Administration Attorney Help?

Some people are surprised when they find out they've been named the executor of a relative's estate. The responsibilities can seem daunting, but with the help of a reliable Edwardsville, Illinois attorney, the process almost always goes pretty smoothly.