"Estate administration" refers to the process which must be followed when the estate of a person who has recently died is being distributed, either according to his or her wishes as laid out in a will, or the laws governing the distribution of the assets of a person who dies without a will.

If the decedent (the person who died) left a will, the process of estate administration in Melrose Park Illinois will usually be carried out according to the instructions in the will.

Usually, wills appoint an executor who is responsible for overseeing the administration of the estate, and seeing that its provisions are carried out, to the extent possible.

The executor is usually whoever stands to obtain the most money or property if the will is given effect, since that is the person who likely has the most incentive to do their part in seeing that the probate process plays out to completion.

What if The Will Does Not Name an Executor?

If the will in Melrose Park, 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, this will be the person who has the most to gain from the will, or who would gain the most under Illinois's intestacy scheme (the system that distributes the decedent's property to his or her closest living relatives, if he or she dies without a will).

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 Melrose Park, Illinois court to be appointed executor.

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 Melrose Park, 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 good Melrose Park, Illinois wills and trusts attorney.