Named an Estate's Executor in Illinois? Know the Rules.

You've been named the executor of someone's estate. Now what? Few people are truly prepared for this responsibility. After a loved one passes, their property, assets, debts, and taxes don't simply disappear — someone has to address all of it. That person is you. As executor, you act in a fiduciary capacity, meaning you're legally bound to act in the best interests of the estate and its heirs, not your own.

The rules vary by state, but many core duties are shared nationwide. If the deceased lived in Illinois or owned property here, you'll need to follow Illinois-specific requirements closely.

Who Can Serve as Executor in Illinois

Every state sets its own eligibility rules for executors. In Illinois, you must be at least 18 years old, of sound mind (not adjudicated as incapacitated by a court), and a legal U.S. resident. Illinois law, under 755 ILCS 5/27-1, also prohibits anyone with a felony conviction from serving. 

Illinois also bars individuals who are failing to provide for their family due to "debauchery," gambling, drug or alcohol abuse, or being "idle." If you live outside Illinois, the court may require you to post a bond before serving.

By comparison, some states are more permissive — a handful allow non-residents to serve without bond requirements, and a few have no felony bar. If the deceased had property in multiple states, you may need to open ancillary probate proceedings in each state where real estate is held.

What You'll Be Paid

In Illinois, executor fees are not explicitly defined by statute. The Illinois Probate Act relies instead on the principle of "reasonable compensation," leaving specifics to judicial discretion based on the complexity of the estate, the required effort, and the executor's expertise. In practice, Illinois executors are typically reimbursed hourly, with rates ranging from $35 to $100 per hour and an average around $65 per hour. 

This differs significantly from many other states. California, Florida, Georgia, and Iowa, among others, use statutory percentage-based fee schedules written directly into probate law. California, for instance, sets a tiered schedule starting at 4 percent of the first $100,000 in estate value. Illinois gives courts more flexibility — which can work in your favor or against you depending on the estate. 

Filing the Will and Opening Probate

One of your first obligations is filing the original Last Will and Testament with the county circuit court clerk. File in the county where the deceased resided. If they didn't live in Illinois but owned property here, file in the county where the property is located. Search "[county name] circuit court clerk. In Illinois, for example.- Illinois County Clerk Offices.

You must bring the will to court within 30 days of the decedent's death or within 30 days of learning you were named executor, whichever is later. Miss that window and the court can deny your right to serve. 

If the estate's total value is under $100,000, the court may determine that formal probate is unnecessary — a meaningful threshold that exempts many modest estates from the full process.

Notifying Heirs and Creditors

Once you've filed the will, Illinois law requires you to notify all heirs, beneficiaries, and creditors about the probate case in specific ways, including sending letters and publishing notices in a local newspaper. That published notice gives unknown creditors six months from publication to file claims against the estate. 

Your notice to heirs must also inform them of assets they stand to inherit, the date of the will reading, and their right to challenge the will. Don't skip this step — failure to properly notify can expose you to personal liability.

Carrying Out the Will

As executor, you are the deceased's advocate. Your job is to ensure the will is followed — distributing specific bequests to heirs, collecting liquid assets, and managing the dispersal of the estate. If anyone files a claim contesting the will, it becomes your responsibility to respond in court.

For any legal complications, engaging a probate attorney is strongly advisable. Attorney fees in Illinois are also subject to court approval for reasonableness, but many Illinois probate lawyers charge between 2 and 5 percent of the estate's value for full administration services. 

Managing and Liquidating Assets

The executor's work isn't finished until every asset has been collected and every debt settled. This process can take months — and in complex estates, years.

Your steps:

• Inventory all assets and collect them for the estate
• Arrange an estate sale for items of value; donate, discard, or destroy anything that doesn't sell and that heirs don't want
• Move all liquid assets into a dedicated estate bank account
• Use that account to pay outstanding bills, taxes, and creditor claims
• Distribute remaining funds to heirs as the will directs

You must pay outstanding debts, final bills, and any required state or federal taxes before distributing anything to heirs. Lexern Law Group

Medicaid Recovery and Long-Term Care

If the deceased received long-term care services covered by Medicaid, federal law requires states to seek recovery of those costs from the estate. In Illinois, the state can recover funds paid through the Aid to the Aged, Blind, or Disabled (AABD) program — but only under certain conditions. The state cannot pursue recovery if the deceased is survived by a spouse, a child under age 21, or a blind or disabled child of any age.

If the deceased held a Long-Term Care Insurance policy, any remaining benefits or death benefits are paid to the estate before it closes. The same applies to life insurance proceeds. You'll typically need to submit certified copies of the death certificate to each insurance company to initiate those claims.

Closing the Estate

You close the estate by filing a final accounting with the court documenting how all assets were collected and distributed. Once the court accepts the accounting and all obligations are satisfied, your role as executor is complete.

It's a Big Job — Take It Seriously

Being named executor is an honor, but it's also a legal obligation. Mistakes can expose you to personal liability. When in doubt, work with a probate attorney — the cost is almost always worth it.