Illinois Probate & Trust Administration Executor Services

A personal representative or executor of an estate often is not an attorney. But the task of handling an estate usually requires legal advice. Carol Nolan will help executors with their duties in administering an estate. She advises regarding sale or distribution of assets and payment of debts and other obligations. She can handle probate, opening of the estate, filing of inventories, locating relatives, and preparation of estate accountings.

Carol Nolan can assist you with your duties as Executor and to make sure that you are not personally liable for not following the proper procedures under the Illinois Probate act.  For example, the following explains a few of the executor's duties.  Call Carol Nolan to schedule a meeting to review your duties and obligations as executor of an estate:

Duty to File the Will.  The Probate Act provides that immediately after the death of a decedent, any person in possession of the decedent's will has the duty to file that will in the proper county whether or not a probate estate will be opened.  Persons who willfully alter, destroy or hide the will for the period of 30 days after the decedent's death, if convicted of same, shall be sentenced as in theft or property cases as a Class 3 felony.

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Admitting the Will to Probate.  A petition to admit a will to probate must be filed in the proper county and to issue letters of office to the executor of the estate.  The Illinois Probate Act sets forth the requirements as follows:   Anyone desiring to have a will admitted to probate must file a petition therefore in the court of the proper county. The petition must state, if known: (a) the name and place of residence of the testator at the time of his death; (b) the date and place of death; (c) the date of the will and the fact that petitioner believes the will to be the valid last will of the testator; (d) the approximate value of the testator's real and personal estate in this State; (e) the names and post office addresses of all heirs and legatees of the testator and whether any of them is a minor or disabled person; (f) the name and post office address of the executor; and (g) unless supervised administration is requested, the name and address of any personal fiduciary acting or designated to act.

Independent Administration.  In Illinois, many wills state that a representative shall seek independent administration.  Even if a will is silent on the issue of independent administration, anyone filing a petition to admit a will to probate may request that the administration be independent.  If there is an interested person who is a minor or disabled person, the court may require supervised administration whenever the court finds that the interests of the ward are not adequately represented by a personal fiduciary acting or designated to act and supervised administration is necessary to protect the ward's interests.

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When independent administration is granted, the independent representative shall include with each notice required to be mailed to heirs or legatees an explanation of the rights of heirs and legatees under this Article and the form of petition which may be used to terminate independent administration.  The form and substance of the notice of rights and the petition to terminate shall be prescribed by rule of the Supreme Court of this State. Each order granting independent administration and the letters shall state that the representative is appointed as independent executor or independent administrator, as the case may be. The independent representative shall file proof of mailing with the clerk of the court.

At any time during the independent administration any interested person may petition the court for a hearing and order as to any matter germane to the administration of the estate and said matter shall be treated as if under supervised administration.  If the independent representative petitions the court for instruction as the exercise of any discretionary power, the independent administrator renounces his discretion with respect to the matter before the court and the court shall substitute its judgment for his or hers.

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Service of Inventory.  When an independent representative is acting, the Probate Act provides that not less than 30 days prior to filing of the verified report, an independent representative shall mail or deliver a copy of an inventory of the estate to each interested person.  However, prior to that time any interested person shall be given a copy of an inventory upon written request. An independent representative is not required to file the inventory with the court.

Dealing with Creditors.  The Probate Act governs claims against the decedents' estate.  Providing direct notice to known creditors and publishing for unknown creditors is an important part of the probate procedure and may allow for closing of the estate after the six months claims period has run. 

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The representative of the estate has a duty to determine known or reasonably ascertainable creditors of the decedent as expressed under section of the Probate Act.   It is the duty of the representative to publish once each week for 3 successive weeks, and to mail or deliver to each creditor of the decedent whose name and post office address are known to or are reasonably ascertainable by the representative.  Therefore, as soon as the probate estate is opened and the representative is appointed, he or she should publish for unknown creditors as provided under the probate act, and search the records of the decedent to determine known creditors for purposes of providing notice to them.  The timely attention to this task can serve to bar known creditors' claims in six months because some creditors may fail to file a claim.

The probate process provides a benefit to dealing with creditors in that it sets forth a procedure and timely manner for handling and disposing of claims.  The claims of creditors against a decedent's estate are barred unless they are timely filed.

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