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 Flossmoor, 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 done.

What if The Will Does Not Name an Executor?

If the will in Flossmoor, Illinois does not name an executor, or the decedent left no will to be found, the court has to assign a person to serve as the administrator of the estate.

This is normally the person who will benefit the most if the will is executed. If there is no will (a situation identified 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 normally 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 Flossmoor, 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 Flossmoor, 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 reliable Flossmoor, Illinois wills and trusts attorney.