When a loved one passes away, one of the first legal questions that arises is: who is in charge of dispersing the estate? The answer depends on several factors, including whether the deceased left a valid will, the type of assets involved, and the laws of the state where they lived.
Understanding this process can help families avoid confusion, reduce conflict, and ensure that the deceased’s wishes are carried out correctly. At Koch & Associates, we’ve guided families in Illinois through estate administration for decades, providing clarity and peace of mind during challenging times.
Let’s break down who’s responsible for distributing an estate and how the process works.
The Executor’s Role in a Will
If the deceased person—known as the decedent—left a valid will, that document usually names someone to be in charge of handling the estate. This person is called the executor (sometimes referred to as a “personal representative”).
The executor’s job is to make sure the deceased person’s final wishes are honored according to the will and Illinois law. Their responsibilities include:
Filing the Will with the Probate Court
The executor must file the will and open a probate case in the county where the decedent lived.
Identifying and Valuing Assets
They locate all assets, such as bank accounts, property, vehicles, and investments, and determine their value.
Paying Debts and Taxes
Before beneficiaries receive their inheritance, the executor must pay outstanding bills, taxes, and funeral expenses.
Distributing Assets to Beneficiaries
Once debts are settled, the executor follows the instructions in the will to distribute what remains to the heirs.
The executor acts as the central figure in managing the estate. They have a fiduciary duty—meaning a legal obligation—to act in the best interests of the estate and its beneficiaries.
What If There Is No Will?
When someone dies without a will, they are said to have died intestate. In this case, the court appoints an administrator to take on many of the same duties as an executor.
The administrator is typically a close relative, such as a surviving spouse or adult child, but if no family member is available or suitable, the court can appoint a neutral third party.
The administrator’s responsibilities mirror those of an executor: gathering assets, paying debts, and distributing property. The main difference is how the assets are divided. Instead of following instructions in a will, the distribution follows Illinois’ intestacy laws, which determine who inherits based on family relationships.
For example:
- If the deceased was married but had no children, the spouse usually inherits everything.
- If there is a spouse and children, the estate is divided between them.
- If there are no immediate relatives, the assets may pass to more distant family members.
The administrator must still go through probate and report their actions to the court, ensuring transparency and fairness.
The Role of a Trustee in Estate Distribution
Sometimes, a person chooses to avoid probate by creating a living trust. In this scenario, the person (known as the grantor) transfers their assets into a trust while they are alive. After their death, a trustee—the individual appointed in the trust agreement—is responsible for managing and distributing those assets.
The trustee’s role is similar to that of an executor, but with one key difference: the process usually bypasses probate, saving time and reducing legal costs. The trustee must follow the exact terms of the trust, ensuring that each beneficiary receives what the grantor intended.
Trustees often handle:
- Managing investments or property held in trust
- Paying final expenses and taxes
- Distributing income or assets to beneficiaries over time or in full, depending on the trust’s terms
Trustees, like executors, have a fiduciary duty to act honestly and in good faith.
What If There Are Disputes or Complications?
Even with clear legal documents, disagreements sometimes arise among family members or beneficiaries. Common issues include:
- Disputes about the validity of a will
- Questions about whether the executor or trustee is acting properly
- Conflicts over asset distribution or valuation
In these cases, an experienced estate planning attorney can provide critical guidance. At Koch & Associates, we help clients resolve disputes efficiently and fairly, protecting both the estate’s assets and family relationships whenever possible.
Why Professional Guidance Matters
Managing an estate involves complex legal, financial, and emotional challenges. Executors and administrators must navigate court procedures, tax filings, debt settlements, and sometimes even litigation. Without legal guidance, mistakes can lead to costly delays or disputes.
Working with an experienced estate planning law firm ensures that every step is handled properly—from filing court documents to final distribution. It also helps protect the executor or trustee from personal liability, as errors in judgment or accounting can have serious consequences.
At Koch & Associates, we’ve spent decades helping Illinois families plan and settle estates with compassion and precision. Our bilingual team makes communication easy for both English and Spanish-speaking clients, and our “attorneys for life” philosophy means we’re here to support you and your family for generations to come.
Get Help with Estate Administration
If you’re wondering who is in charge of dispersing an estate or need help administering one, you don’t have to do it alone. The process can feel overwhelming, but having an experienced estate planning attorney by your side makes all the difference.
Contact Koch & Associates today for trusted legal guidance in estate administration and probate. Schedule your consultation by calling (312) 664-4328. Let us help you protect your loved one’s legacy—and bring clarity to a complex process.
