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Home→Tools→Executor Duties Checklist→Illinois

What Are My Duties as Executor in Illinois?

Step-by-step guide for executors navigating probate, from filing the will to closing the estate.

Frequently Asked Questions

An executor (or personal representative) in Illinois is responsible for filing the will with the probate court, inventorying and appraising assets, notifying creditors, paying debts and taxes, and distributing remaining property to beneficiaries. The executor has a fiduciary duty to act in the best interest of the estate and its beneficiaries.

The probate petition filing fee in Illinois starts at approximately $479.755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified May 31, 2026 Additional fees may apply for certified copies, recording fees, and publication of notice to creditors.

Illinois requires the executor to publish notice to creditors in a local newspaper. Known creditors should also receive direct written notice. Creditors have 6 months to file claims.755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified May 31, 2026 The executor is personally liable for distributions made before the claim period expires if valid claims go unpaid.

Illinois allows estates valued at $150,000 or less to use a Small Estate Affidavit.755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified May 31, 2026 The waiting period is 0 days after death. This avoids the need for formal probate and significantly reduces time and cost.

Illinois allows executors to receive reasonable compensation.755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)Verified May 31, 2026 Typical executor fees range from 2% to 4% of estate value. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the Illinois executor fee calculator.

Probate costs in Illinois include court filing fees, attorney fees, executor compensation, publication costs, and potentially a surety bond. Total costs generally range from 3-8% of the estate value depending on complexity. The Illinois probate calculator provides a detailed cost estimate based on estate value.

Executor Duties in Illinois

The first step as executor in Illinois is filing the will and petition for probate with the court. Filing fees start at $479705 ILCS 105/27.1b(a)(2) (P.A. 103-0605 eff. 7/1/2024); 705 ILCS 105/27.3fVerified May 31, 2026. Once appointed, the court issues letters testamentary (or letters of administration if there is no will), which authorize the executor to act on behalf of the estate.

Illinois requires 6 months755 ILCS 5/18-3Verified May 31, 2026 for creditors to file claims. During this period, the executor inventories assets, pays valid debts, and manages estate property. Estates under $150,000755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified May 31, 2026 may qualify for streamlined procedures that reduce both time and expense.

Executor compensation in Illinois typically ranges from 2%755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)Verified May 31, 2026 to 4%755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)Verified May 31, 2026 of the estate value. Courts evaluate fees based on estate complexity and time spent. The Illinois executor fee calculator provides a detailed estimate.

The probate timeline in Illinois starts at 6 months755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified May 31, 2026 for straightforward estates. A revocable living trust avoids this timeline altogether — assets transfer to beneficiaries without court involvement. For estates in probate, the Illinois creditor claims guide outlines key deadlines.

SimplyTrustSimplyTrust Editorial·Updated May 31, 2026

Legal Sources

  • 705 ILCS 105/27.1b(a)(2) (P.A. 103-0605 eff. 7/1/2024); 705 ILCS 105/27.3f
  • 755 ILCS 5/18-3
  • 755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)
  • 755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)

Data sourced from Illinois statutes and official state code. How we research.

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Illinois Estate Planning Resources

In-depth guides covering Illinois probate laws, trust requirements, and estate planning strategies.

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This checklist provides general guidance for estate settlement. Requirements vary by state and circumstance. Consult a licensed attorney for legal advice.

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