Estate Administration

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.