Estate Administration

When a loved one passes away, their assets, debts, and property must be gathered, managed, and distributed according to their wishes or state law. This process is called estate administration (or probate, when you need a court’s authority to proceed).

At Stock Legal, we often receive questions from clients who want to understand what this process looks like and what steps are involved. While every estate is different, the general process is similar across both Missouri and Illinois.

1. What Is Estate Administration?

Estate administration is the legal process of settling someone’s affairs after they pass away. It typically involves:

  • Identifying and collecting the deceased person’s assets
  • Paying final bills, taxes, and debts
  • Distributing what remains to beneficiaries or heirs

If the person left a will, the named executor (also called a personal representative) is responsible for handling these steps. If there is no will, the court will appoint an administrator, and state law will determine who inherits the estate.

2. When Is Probate Required?

Not all estates require full probate.

  • In Missouri, smaller estates valued under a certain amount may qualify for simplified procedures, such as a small estate affidavit.
  • In Illinois, similar small estate procedures are available for estates under a set dollar limit (currently $100,000), provided there is no real estate involved.

Your attorney can help determine which process applies based on the type and value of the assets.

3. Common Steps in the Process

While every situation is unique, estate administration generally follows these steps:

  1. Filing the will (if there is one) with the probate court
  2. Appointing the executor or administrator
  3. Notifying heirs, beneficiaries, and creditors
  4. Collecting and valuing assets (real estate, bank accounts, investments, etc.)
  5. Paying debts, expenses, and taxes
  6. Distributing remaining assets to heirs or beneficiaries
  7. Closing the estate once all obligations are met

4. How Long Does Estate Administration Take?

The timeline varies depending on the size and complexity of the estate.

  • Smaller estates can often be wrapped up in a few months.
  • Larger or contested estates may take a year or more, especially if court approval is required.

5. Important Deadlines to Know

Estate administration follows specific timelines, and missing a deadline can delay the process or create legal complications. While every situation is unique, here are some of the most common deadlines in Missouri and Illinois:

Missouri Deadlines

  • Filing the Will: Must generally be filed with the probate court within one year of the decedent’s death. After that, the will can no longer be probated.
  • Opening Probate: probate proceedings must also be started within one year of death.
  • Notice to Creditors: Once the estate is opened, the personal representative must publish a notice to creditors. Creditors then have six months from the first publication date to file claims.
  • Executor’s Inventory: The personal representative must file an inventory of the estate’s assets within 30 days of appointment.
  • Final Settlement: Estates are typically expected to be fully administered and closed within one year, though extensions will be allowed for reasonable delays and complex estates.

Illinois Deadlines

  • Filing the Will: Must be filed with the circuit court in the county where the person lived within 30 days after learning of the death.
  • Opening Probate: While there’s no fixed deadline, probate should be opened as soon as possible after death to avoid complications.
  • Notice to Creditors: Once appointed, the representative must publish a notice to creditors. Creditors have six months from the first publication date to submit claims.
  • Inventory Filing: The representative must file an inventory of assets within 60 days of appointment.
  • Final Accounting: Illinois does not have a fixed closing date, but executors are expected to settle the estate in a “reasonable time,” often within one year for straightforward cases.

6. Do You Need an Attorney?

Even straightforward estates can involve legal details that are easy to overlook. Working with an experienced estate administration attorney can help ensure all filings, deadlines, and distributions are handled properly — and that you, as executor or family member, are protected throughout the process.

Final Thoughts

Losing a loved one is difficult enough without the added stress of navigating the legal process. At Stock Legal, our estate administration team helps clients in both Missouri and Illinois understand their responsibilities and move through each step with clarity and confidence.

If you have questions about settling an estate, our team is here to guide you.

For more information on the CTA, please contact us by filling out this form and one of our team members will be in touch.

When was your company formed
Select one of the following
CHECK ANY OF THE FOLLOWING THAT DESCRIBE YOUR BUSINESS:
How did you hear about us?
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
** Unless otherwise specifically listed in a fully executed Engagement Letter and Schedule of Services with Stock Legal, assisting you with your compliance with the Corporate Transparency Act (“CTA”), including beneficial ownership information (“BOI”) reporting, is not within the scope of an engagement. You have sole responsibility for your compliance with the CTA for all entities created, including its BOI reporting requirements and the collection of relevant ownership information. We shall have no liability resulting from your failure to comply with the CTA. In the event that you have engaged Stock Legal for BOI reporting, our obligation to assist you with BOI filings does not extend past the current filing. Any future CTA compliance and BOI filings shall be your sole and absolute responsibility.  By completing this form alone (and not an executed Engagement Letter and Schedule of Services), we have no obligation to complete your CTA filing.
watch our

Videos

Contracting

Your relationship with your customers is the lifeblood of your company. While a handshake and a warm smile are important in building trust during the contracting process, well drafted legal documents are necessary to make sure your business is protected (just in case not everyone agrees on what that handshake meant . . . ) Watch to learn more about our Contracting package.

Employment

Hiring employees is one of the most critical activities of your start-up or emerging business. Several key documents can help make sure your business is protected when it comes to employees, including a confidentiality agreement, independent contractor agreement, and an employment agreement. Because all companies with employees - no matter their size or industry - need these basic legal documents, Stock Legal offers an Employment Package for a fixed fee. Watch to learn more about our Employment Package.

Confidentiality Agreements

Companies like yours often find themselves in a position where they have to share information that is confidential to the company in order to do business—to engage with clients, to vet potential employees, or to investigate new business ventures, just to name a few. Having sound confidentiality agreements in place can be essential to protecting your ideas; strengthening relationships with customers, partners, and employees; and helping your business grow. That’s why Stock Legal offers a fixed fee for confidentiality agreements. Watch to learn more about our Confidentiality Agreement package.

Multi-Member Limited Liability Company and Incentive Agreements

If you’re starting a company with multiple owners, or members—whether those owners are individuals or other companies—you’re probably considering forming multi-member limited liability company (MMLLC). An MMLLC is an effective way to protect the personal assets of the members, which makes it a popular choice for start-ups and new small businesses. That’s why Stock Legal offers a fixed-fee package that includes the basic tools you need to form a MMLLC. Watch to learn more about our Multi-Member Limited Liability Company and Incentive package.

Missouri Single Member Limited Liability Company

If you’re starting a company with only one owner, then forming a single-member limited liability company (SMLLC) may be the best way to go. But while having just one member simplifies some things from a legal perspective, you still want to make sure you have a all the key documents necessary to establish a solid legal foundation for your SMLLC, no matter what product or service you are offering. Stock Legal can help you make sure you get your business off on the right foot. Watch to learn more about our Missouri Single Member Limited Liability Company package.

Ready to get started?

Join the many other businesses who trust Stock Legal.

Related Posts

No items found.
Our Blog

Latest Posts

February 4, 2026
The Deal-Killers: Legal Issues That Derail M&A Transactions

Keep the Momentum: Avoiding the Legal Landmines of M&A In the world of Mergers and Acquisitions, momentum is everything. Once a deal loses its pace, it risks falling apart entirely. While a business may be financially sound, a single overlooked legal detail can be enough to erode trust, stretch timelines, and ultimately kill the transaction.

Read more
February 2, 2026
When is it time to review or update your Estate Plan?

Is Your Estate Plan a "Set It and Forget It" Document? (Hint: It shouldn’t be.) Most people view estate planning as a one-time hurdle—once the documents are signed and filed, the job is done. But at Stock Legal, we see it differently. Your estate plan is a living structure that must evolve alongside your family, your business, and the law.

Read more
February 2, 2026
The Deal Architect: How Legal Structure Builds (or Breaks) Your Valuation

The Hidden Value Driver: Is Your Legal Structure Costing You at the Closing Table? When it comes to valuation, most founders focus on EBITDA and growth—but your legal structure is what determines how much of that value you actually get to keep.

Read more