After the death of a loved one, families are often faced with unfamiliar legal terms and responsibilities. Two of the most common—and commonly confused—terms are estate administration and probate. While they are related, they are not the same thing.

Understanding the difference can help you know what to expect, what steps are required, and when legal guidance may be helpful during this difficult time.

What Is Estate Administration?

Estate administration is the overall process of settling a person’s legal and financial affairs after death. It includes everything that must be done to properly wrap up an estate, whether or not probate court is involved.

Estate administration may include:

• Reviewing the will or trust
• Identifying heirs or beneficiaries
• Collecting and valuing assets
• Paying debts, taxes, and expenses
• Distributing property according to the will or Illinois law
• Closing accounts and resolving final legal matters

Not every estate requires probate, but every estate requires some level of administration.

What Is Probate?

Probate is a court-supervised process used to validate a will and oversee the distribution of certain assets. In Illinois, probate is required when assets are held solely in the deceased person’s name and do not have a designated beneficiary.

The probate process typically involves:

• Filing the will with the court
• Appointing an executor or administrator
• Notifying creditors and heirs
• Resolving creditor claims
• Obtaining court approval for distributions

Probate can take time and often involves strict deadlines and legal filings.

Key Differences Between Estate Administration and Probate

While probate is part of estate administration in some cases, the two are not interchangeable.

Estate administration:

• Is the broader process of settling an estate
• May occur with or without probate
• Includes both court and non-court tasks

Probate:

• Is a specific legal process overseen by the court
• Applies only to certain assets
• May be avoided with proper planning, such as trusts or beneficiary designations

Does Every Estate Go Through Probate in Illinois?

No. Many estates can be settled without formal probate if:

• Assets are held in a living trust
• Accounts have named beneficiaries
• Property is jointly owned with rights of survivorship
• The estate qualifies for Illinois small estate procedures

An estate administration attorney can review the estate and determine whether probate is required.

Why Legal Guidance Matters

Both estate administration and probate involve legal responsibilities and potential risks for executors and family members. Mistakes can delay settlement, create personal liability, or lead to disputes among heirs.

An experienced attorney can:

• Determine whether probate is necessary
• Guide executors through their duties
• Handle creditor claims and court filings
• Resolve disputes or contested matters
• Ease the burden on grieving families

Estate Administration Attorneys in Naperville & Chicago, Illinois

At VW Law, our estate administration attorneys help families in Naperville, Chicago, and surrounding communities navigate estate settlement with clarity and compassion. Whether probate is required or not, we provide practical guidance tailored to your family’s needs and the complexity of the estate.

Schedule a Consultation

If you have questions about estate administration or probate in Illinois, experienced legal guidance can make the process smoother and less stressful.