Executor Duties in Illinois

The representative must publish notice to creditors once a week for three successive weeks in a newspaper in the county and mail or deliver it to known or reasonably ascertainable creditors; the claim deadline must be at least six months after first publication or three months after mailing, whichever is later. Within 60 days after letters are issued, the representative files a verified inventory of the real and personal estate (with supplemental inventories within 60 days of finding more property). A supervised representative presents a verified account within 60 days after 12 months from letters and as the court requires (all interested persons may consent to excuse it). An independent representative closes by mailing an accounting to interested persons and filing a verified closing report.

Illinois courts issue "letters of office": letters testamentary to an executor named in a will, or letters of administration when there is no will. A person who learns they are named executor must file the will for probate or decline within 30 days. The petition is filed in the circuit court of the county where the decedent lived; the representative takes an oath and files a court-approved bond unless the will excuses it (the court may still require bond from a nonresident). The court ascertains heirship as part of the case, and the representative may be granted independent administration with less court supervision.

The published and mailed notice sets a claim deadline that must be at least 6 months after the first publication, or 3 months after mailing or delivery to a known creditor, whichever is later. Claims not filed by that date are barred. In any event, claims are barred 2 years after the decedent's death, whether or not probate is opened.