Being named as someone’s executor is a sign of trust. It is also a request to take on a substantial job, often while grieving. If a friend or relative has asked you to serve, you should understand the work before you agree.
An executor is the person named in a will to administer the probate estate. The role commonly involves identifying and protecting estate property, addressing valid debts and taxes, keeping records, and distributing what remains under the will. Being named in the will does not, by itself, give you authority to manage the estate. If probate is needed, the court must appoint you and issue letters of office.
What should you ask before agreeing to serve?
What property is involved? Ask whether the person owns real estate, a business, or property in another state. Find out whether important assets are held in a trust or have beneficiary designations. Those details can change both the amount of work and which assets will pass through probate. For example, a properly funded living trust is generally managed by its successor trustee, a different role from executor. My post on pour-over wills explains how the two roles may intersect.
Where are the records? You do not need passwords or control of accounts while the person is alive. You should know where the original will, trust documents, insurance information, and a reasonably current list of assets and debts can be found. Ask whom to contact for legal, financial, and tax records.
Are there likely to be disputes? An executor must carry out the will and account for the estate, even when beneficiaries disagree. Unequal inheritances, unclear ownership, or longstanding family tensions may make communication especially demanding. Serving as a beneficiary does not generally prevent you from also serving as executor, as I explain in Can the Same Person Be Both Beneficiary and Executor?.
Do you have the time and temperament? The work involves correspondence, deadlines, decisions, and detailed recordkeeping. You can hire attorneys, accountants, and other professionals where appropriate, but you remain responsible for supervising the administration.
You can decline the role if it is not a good fit. It is useful to say so while the person is alive, giving them the opportunity to name someone else.
What should you do after the person dies?
Start by locating and safeguarding the original will. Under Illinois law, a person who has the will must file it with the clerk of the court in the proper county. A person who learns that they have been named executor must, within 30 days, either begin proceedings to have the will admitted to probate or declare a refusal to serve.
Next, determine whether a probate estate must be opened. A will does not control every asset: property in a trust, jointly owned property, and accounts with valid beneficiary designations may pass by other means. If probate is required and you accept the appointment, the court’s letters of office provide the authority you will need to act for the estate. My article on why families plan to avoid probate explains the distinction.
Once appointed, an executor typically secures and identifies estate property, maintains appropriate insurance, handles required notices and claims, pays valid expenses and taxes, and distributes the remaining property when it is proper to do so. Keep estate funds separate from your own and document transactions. Do not assume that every bill presented should be paid immediately or that beneficiaries can receive their shares before obligations are resolved.
Tax work may include the deceased person’s final income-tax return and, if the estate earns income, a separate estate income-tax return. Estate-tax filings depend on the circumstances. The IRS explains the distinction between the final individual return and an estate income-tax return.
Funeral or cremation decisions may require prompt attention, but the executor does not automatically have the first right to make them. Illinois has a separate priority law for control of a person’s remains, which takes account of the person’s written directions or designated agent.
Does an Illinois executor get paid?
Illinois law entitles an estate representative to reasonable compensation for services. Serving relatives sometimes choose to waive a fee. Keep a record of your time and estate expenses so the question can be addressed clearly during administration.
The best preparation begins before there is a death: choose someone capable, name a backup, and make the documents and asset information findable. If you are creating or updating an estate plan in the Naperville area, contact me to discuss who should serve and how to make the job more manageable.