Illinois Statutes on Appointing an Executor

By Maggie Lourdes

The Illinois Probate Act is a set of statutory sections that directs the administration of probate estates after people die. The legal process for appointing executors is included in this Act. An appointment is done by a probate judge, who issues an order of executor appointment. Under the Illinois statute, an executor's appointment may also be called the appointment of an independent representative.

Illinois Law for Executorship Appointments

Illinois Statute 755 ILCS 5 is the statute that allows the appointment of executors for estates. The appointment means the executor now has a court order that gives him the legal right to turn over the estate's assets to the heirs. An appointed executor can do such things as sell real estate, close bank accounts, sell stocks or bonds and divide family heirlooms.

Independent Probate

Sections 28-1 and 28-2 of the Illinois Probate Act allow the appointment of independent probate administration. This kind of appointment makes probating faster and easier. Independent administration means an executor can go about her business without constant court oversight. This benefits the family members or other heirs who are waiting for the estate to finalize. If an heir has a dispute with the executor, she may ask the court to make an appointment that includes court supervision. However, this normally slows down the probate process and is usually more costly for the estate.

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Objections to Appointment

The Probate Act requires that all heirs of the estate be notified in writing when an executor is being appointed. Section 6-10 and Section 9-5 allow heirs to object to an executor's appointment. An heir has the option of going before the judge and giving his reasons why he feels the executor should not be appointed. An heir may believe, for example, the executor has a conflict interest. If the judge is convinced the heir's reasons are adequate, an alternate executor is appointed by the court.

Appointment Discharge

The probate court always looks to a deceased person's will when making an executor's appointment. If the executor named in a will is dead or cannot act, a judge will appoint an alternate executor named in the will. If there is no will or no alternate executor is named, the court will choose an executor on its own. Heirs can give their input to the court regarding executor appointments. In fact, the court appreciates when the heirs agree and participate in the appointment of an executor. Heirs can request a court hearing be held regarding the appointment of an executor.

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What Does Independent Administration Mean in Probating a Will?
 

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New York Estate Law When the Executor Dies

New York, like all other states, recognizes a written will as the proper method for making your wishes known as to the distribution of your assets when you die. The executor is the person named in the will to see that the terms of the will are carried out. If an executor dies before she has completed her duties, the court must appoint a new executor.

What Is an Appointed Executor of a Will?

A person names an executor, also called a personal representative, in her will. When the person dies, her will must be probated. Probate judges generally honor decedents' wishes by formally appointing executors identified in wills. If a person dies without a will, the court chooses someone to administer the decedent's estate. Relatives are usually considered first. However, if none are available, any party the court deems fit may serve.

How to Name an Executor or Personal Representative

An executor, also called a personal representative, is the person in charge of distributing property to heirs and settling a decedent's estate. A female appointed to handle an estate is sometimes called an executrix. Naming an executor in a will avoids the need for a court-appointed executor after death and usually saves the estate money. This is because court-appointed executors generally charge high fees in contrast to relatives or friends who are chosen to serve.

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