Probate terminology is confusing so it is best to work with an experienced Hoffman Estate probate attorney. What is the difference between an executor and administrator? An executor is appointed under a will. An administrator is appointed by the probate court.
If you have a will you most likely named an executor who will be in charge of administering your estate when you pass away. An executor performs the functions set forth in the will and distributes the assets of your estate and pays the liabilities of your estate when required. The executor is bound by the terms of the will and may have expanded or reduced powers depending on what your will dictates. An executor is responsible for filing the will with the court, establishing an accounting or listing of the deceased’s assets, discharging claims of the estate, distributing the assets of the estate and potentially arranging for the filing of final tax returns of the estate. In Hoffman Estates and Schaumburg even though the probate terminology may be different an administrator often times has the same responsibilities as the executor.
An administrator is generally in charge of discharging the claims against an estate, distributing the assets of the estate, and arranging for the filing of final tax returns of an estate. Where Illinois probate law differs from an executor comes from the fact that an administrator, since they are appointed by the probate court, garner their roles and responsibilities from the Illinois Probate Act. While there are certainly exceptions, since an administrator is appointed by the probate court, it often means that no will exists and the administrator will be responsible for distributing assets pursuant to the intestacy law.
While probate law can be confusing and the terminology confusing an experienced Hoffman Estates or Schaumburg probate lawyer can help you navigate probate effectively. Call the Hoffman Estates and Schaumburg probate attorneys at Kelley, Kelley & Kelley to discuss your probate case with our probate attorneys.