How Do I Get Appointed as Executor in Illinois?

See the appointing court, the petition that opens the estate, what to file, and bond rules to be appointed in your state.

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Frequently Asked Questions

Illinois uses Petition for Probate of Will and for Letters Testamentary (testate) / Petition for Letters of Administration (intestate) (CCP 0315), filed with the Circuit Court. Clerk of the Circuit Court issues Letters of Office after the court grants the petition.

Along with the petition, Illinois generally requires: Copy of the death certificate — clerk intake practice, NOT a Probate Act or court-rule requirement, and a plain COPY rather than a certified copy. The Cook County Clerk asks for one when the will is filed under 755 ILCS 5/6-1: "Date of death is the date the decedent died. A Will cannot be filed without a date of death. Please provide the Office a copy of the death certificate." Other circuits' own probate guides do not ask for it at all. The single death-certificate requirement anywhere in the Probate Act sits on the letters-BYPASS track, not the appointment petition: the statutory small estate affidavit form recites "I have attached a copy of the death certificate hereto" (755 ILCS 5/25-1(b), para. 3) — again a copy, not certified; Original will and any codicils, filed with the clerk on paper (755 ILCS 5/6-1 "Immediately upon the death of the testator any person who has the testator's will in his possession shall file it with the clerk of the court of the proper county"; Ill. S. Ct. R. 9(c)(1) excepts original wills from e-filing entirely — they "may not be electronically filed"); Petition to admit will / for letters of administration stating heirs and legatees (755 ILCS 5/6-2, 5/9-4); Oath of office of the representative (755 ILCS 5/12-2); Surety bond unless excused by the will or the court (755 ILCS 5/12-2, 5/12-4); Affidavit of heirship (county practice, not a Probate Act requirement — Cook County publishes three samples alongside its Order Declaring Heirship; heirship must be ascertained before letters issue); Intestate track only, BEFORE the hearing: a copy of the petition endorsed with the time and place of hearing, mailed not less than 30 days before the hearing to each person named in the petition whose post office address is stated and who is entitled either to administer or to nominate a person to administer equally with or in preference to the petitioner (755 ILCS 5/9-5(a)); AFTER the order: within 14 days, a copy of the petition and of the order mailed to each heir/legatee named in the petition (publication 3 successive weeks for any whose name or address is not stated), with proof of mailing and publication filed with the clerk (755 ILCS 5/6-10(a) testate; 5/9-5(b) intestate); Enclosed with that post-order mailing: the Supreme Court-prescribed explanation of rights — Ill. S. Ct. R. 108 Notice to Heirs and Legatees (right to require formal proof of will under 755 ILCS 5/6-21 within 42 days and to contest under 5/8-1 or 5/8-2), and, where independent administration is granted, the Ill. S. Ct. R. 110 explanation of rights in independent administration together with the form of Petition to Terminate Independent Administration; Where letters of administration with the will annexed are sought and the petition states that one or more persons are entitled to administer or to nominate an administrator equally with or in preference to the petitioner: a copy of the petition mailed to each such person, with proof of mailing filed with the clerk (755 ILCS 5/6-2).

Yes. Illinois requires a bond by default before Letters issue. A will can waive it.

Illinois permits self-represented filers to open an estate, using Petition for Probate of Will and for Letters Testamentary (testate) / Petition for Letters of Administration (intestate) (CCP 0315). E-filing is available to self-represented filers. The Self-File Probate Assessment compares self-filing and attorney costs for Illinois.

Yes. A revocable living trust passes assets to beneficiaries without any court appointment in Illinois — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

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