How does an executor of an estate open an estate in Illinois?
In order to be empowered with the full authority under the will of the deceased person and under Illinois probate law, the Executor will need to proceed to open an estate and be officially appointed as the representative by the local probate court judge.
Can an executor of an Illinois probate case make unauthorized payments?
Although the court approves the rate of payment at the start of the case, each time the executor desires to make a payment to compensate for her time, she must obtain an order from the judge approving the specific payment. Unauthorized payments can result in the removal of the executor from service to the state, according to Illinois probate law.
What is a “representative” under Illinois probate law?
The Illinois Probate Act at 755 ILCS 5/1-2.15 defines a “Representative” as follows: “Representative includes executor, administrator, administrator to collect, standby guardian, guardian and temporary guardian.” In a deceased person’s estate, the most common representatives are an executor, administrator and administrator to collect.
What are the penalties for violating an executor’s fiduciary duties in Illinois?
A violation of an executor’s fiduciary duties results in the imposition of a variety of penalties, according to the provisions of Illinois probate law. For example, a violation of an executor’s duties will result in her removal from her role with the estate.
How do you close a probate estate in Illinois?
Once distributions have been made, and assuming that the six-month claims period has run, the Executor can then proceed to petition the Probate court to close the estate (755 ILCS 5/28-11). In Illinois, a probate estate can either be administered under independent administration or supervised administration.
What happens when someone dies without a will in Illinois?
When a person dies in Illinois, he/she will either die with or without a will. If the deceased person had the foresight to draft a will before passing, he/she will likely have named an Executor to represent the estate. So how does an Executor of an estate in Illinois actually probate a will and administer the Estate?