When a loved one passes away in Illinois, their estate often must go through the probate process. Probate is the legal procedure in which the court oversees the administration of the decedent’s estate, ensuring that debts are paid and assets are properly distributed to heirs or beneficiaries. At Keller Legal Services, we understand how confusing and emotional this process can be for families in Naperville and throughout the Chicago area.
The person responsible for managing the estate is known as the executor, sometimes called the personal representative. Serving as an executor is both a privilege and a serious legal responsibility. Executors are bound by Illinois law, and missteps can lead to delays, disputes, or even legal liability. We will now explain what executors are required to do, how Illinois statutes govern their duties, and why working with experienced attorneys can help protect both the estate and the executor.
In Illinois, the executor is appointed under the terms of a will or, if no will exists, by court order under the Illinois Probate Act of 1975 (755 ILCS 5/1-1 et seq.). If the decedent left a valid will, the person named as executor must petition the probate court to be formally appointed. If no will exists, or the named executor is unable or unwilling to serve, the court will appoint an administrator according to statutory priorities found in 755 ILCS 5/9-1.
Once appointed, the executor takes on fiduciary duties, meaning they must act in the best interests of the estate and its beneficiaries. This is not a ceremonial role—Illinois law imposes specific obligations and strict deadlines on executors.
The core responsibilities of an executor are detailed in the Illinois Probate Act. These include:
Under 755 ILCS 5/14-1, executors must prepare an inventory of the decedent’s real estate, personal property, and financial accounts. This inventory must be filed with the court within 60 days of appointment. Accuracy is critical, as omissions or undervaluations can create disputes or expose the executor to liability.
Executors are responsible for identifying and paying the legitimate debts of the estate, including funeral expenses, medical bills, and taxes. Illinois law (755 ILCS 5/18-1) requires that creditors be given proper notice, and claims must be addressed in a specific order of priority. If debts exceed the estate’s assets, the executor must follow statutory guidelines for proportional payment.
Executors may need to manage real estate, operate a family business, or handle investments while probate is pending. Under 755 ILCS 5/19-1, executors are empowered to take possession of the estate’s assets, but they must also protect and preserve those assets for the benefit of beneficiaries. Mismanagement can lead to court intervention and personal liability.
Once debts and expenses are satisfied, the executor must distribute remaining property according to the will’s terms or, if no will exists, under Illinois intestacy statutes (755 ILCS 5/2-1). Executors must ensure distributions are accurate and supported by court orders before closing the estate.
Serving as an executor is not always straightforward. Common legal issues include:
These complexities highlight why many executors work closely with probate attorneys to avoid mistakes.
Executors in Illinois are fiduciaries. This means they must act with loyalty, prudence, and honesty at all times. If an executor self-deals, neglects assets, or distributes property improperly, the court can hold them personally liable. Under 755 ILCS 5/23-2, executors may be required to reimburse the estate for losses caused by negligence or misconduct.
Courts take these duties seriously. Beneficiaries who believe an executor failed in their responsibilities may file a petition for removal under 755 ILCS 5/23-2, and the court can appoint a replacement.
Executors are often family members who have no prior experience handling probate. The law requires strict compliance with filing deadlines, creditor notices, and accounting requirements. Even a small mistake can delay the process or reduce the estate’s value.
As attorneys, we assist executors in:
By working with legal counsel, executors reduce the risk of personal liability and ease tensions within the family.
An executor has authority granted by the probate court, including collecting assets, paying debts, and distributing property. This authority is not unlimited; executors must follow Illinois law and court orders.
In Illinois, executors generally need court approval before selling real estate unless the will specifically grants that power. Even with authority, sales must be conducted in a way that maximizes value for the estate.
Probate in Illinois can take anywhere from six months to several years, depending on the size of the estate, whether disputes arise, and whether tax filings are required. Executors are responsible for keeping the process moving forward.
Yes. Beneficiaries can petition the court to remove an executor for cause, such as mismanagement, neglect, or breach of fiduciary duty. Under 755 ILCS 5/23-2, the court has the authority to remove and replace executors.
Illinois law allows executors to receive reasonable compensation for their services. The amount is subject to court approval and must reflect the complexity of the estate.
Disagreements are common in probate. If conflicts cannot be resolved informally, the court may intervene. Executors must follow the court’s instructions, even if beneficiaries are unhappy.
No. Executors pay estate debts from estate assets, not their own funds. However, if they mishandle assets or fail to follow the law, they can be held personally liable for resulting losses.
Yes. Illinois law allows co-executors. While this may help divide responsibilities, it can also create conflict if the co-executors disagree on how to proceed.
Illinois courts may appoint an out-of-state executor, but that person may be required to post a bond and comply with additional requirements. Having a local executor often makes the process easier.
If minors inherit under a will or through intestacy, the executor may need to coordinate with guardianship proceedings or establish a trust to hold assets until the child reaches adulthood. Courts carefully oversee these arrangements to protect children’s interests.
In Illinois, “independent administration” may be granted if the will allows it or the beneficiaries consent. This permits the executor to act without seeking constant court approval, but all statutory duties still apply.
If the executor cannot complete their duties, the court will appoint a successor, either named in the will or chosen from the statutory priority list.
Serving as an executor in Illinois can be overwhelming, particularly when family disputes or complex estates are involved. At Keller Legal Services, we help clients in Naperville and across the Chicago area fulfill their responsibilities under Illinois law while protecting themselves from unnecessary risk. If you have been appointed as an executor, or if you are concerned about how an estate is being managed, we encourage you to schedule a consultation with our team.
Contact our Naperville estate planning lawyers at Keller Legal Services by calling 630-505-1515 to receive your free consultation. We proudly serve clients in Naperville and throughout the greater Chicago region.
