So You’ve Been Named Executor: A Comprehensive Guide to Administering an Illinois Estate

Serving as an executor (for a will) or administrator (when no will exists) is an honor—but also a job. The court gives you legal authority to collect assets, pay debts, file taxes, and distribute what’s left. In Illinois that means working under the Illinois Probate Act of 1975, navigating county-level rules, and keeping heirs satisfied. Below is a practical, lay-friendly roadmap of everything the role entails, from Day 1 through final discharge, with links to deeper resources on our site.

1.  Understanding Your Legal Authority

• Executor – Named in a valid will and confirmed by the judge.

• Administrator – Appointed by the court using a statutory priority list if there is no will

Either way, you’ll receive Letters of Office—court-stamped documents that act like a power of attorney for the decedent’s property. Independent administration (the default if the will requests it or heirs consent) lets you act without constant hearings. Supervised estates need the judge’s approval for nearly every step; our visual timeline compares both tracks in the Estate-Planning & Probate Process.

2.  First Week Checklist

Detailed forms and filing fees differ by county, but our Opening an Estate article walks you through line-by-line.

3.  Notifying Heirs and Creditors

Illinois requires you to:

1. Mail notice to every heir and legatee within 14 days of appointment.

2. Publish notice to unknown creditors once a week for three consecutive weeks.

Creditors then have six months to file a claim. For a plain-English explanation of this window—and why you should wait before distributing cash—see our deep dive on Creditor Claims.

4.  Inventorying and Safeguarding Assets

Within 60 days you must prepare a verified inventory. Items usually fall into these buckets:

If the decedent used a revocable trust, many assets may already be outside probate. Use our Trust Funding Checklist to confirm.

5.  Paying Debts, Taxes, and Expenses

Executors are personally liable if they pay the wrong creditor first, so track claims in a spreadsheet. Common priority order:

1. Funeral and burial expenses

2. Administration costs (attorney fees, court costs)

3. Federal and Illinois taxes

4. Secured debts (mortgage, auto loan)

5. General unsecured debts

Estimate whether the estate is subject to Illinois estate tax (exemption $4 million) or federal estate tax (exemption ≈ $13.92 million for 2025). Use our interactive Estate-Tax Calculator for a quick projection.

6.  Accounting and Transparency

Even in independent administration, any heir can demand an accounting. Keep:

• Monthly bank statements

• Receipts for every disbursement over $75

• Mileage and time logs for your executor fee

When ready, prepare a Final Accounting & Proposal to Distribute. Our Accounting & Reporting guide includes sample formats acceptable to most Illinois judges.

7.  Distributing and Closing the Estate

Real estate transfers by Executor’s Deed; cash distributions require signed receipts. Hold back a modest reserve (2–5 %) for late bills, then file:

• Verified Report of Independent Representative (independent estates)

• Petition to Approve Final Account and Distribute (supervised estates)

After the court enters an Order of Discharge, your duties end and fiduciary liability stops.

8.  Common Pitfalls—and How to Avoid Them

9.  How Long Will This Take?

• Small-estate affidavit (under $100k, no real estate): 1–2 months

• Independent administration: 6–13 months

• Supervised or contested estate: 18 months to several years

See the full timeline in our Probate Process infographic.

10.  What About Executor Fees?

Illinois statutes allow “reasonable compensation.” Track hours spent:

Heirs must approve your fee in the final accounting, or the judge decides.

11.  When to Hire Help

• Real estate needs to be sold quickly

• Complex tax issues (e.g., large IRAs, closely held businesses)

• Family conflict or will contests

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Our team guides executors statewide for a transparent flat fee. See exactly what’s included on our Services page or schedule a free consultation.

12.  Final Thoughts

Being an executor or administrator is part detective, part bookkeeper, part diplomat. Follow the statute’s timelines, keep meticulous records, and communicate early and often with heirs. The resources below can shorten your learning curve:

• Interactive tools:

  
  

  • Estate-Tax Calculator

  • Digital Asset Inventory

  
  

• Step-by-step guides:

  
  

  • Probate Opening

  • Creditor Claims

  • Final Accounting

  
  

Have questions about your specific situation? Book a consultation today or Get Started online in minutes. As executor, you don’t have to go it alone—Illinois Estate Law is here to guide you every step of the way.