Letters Testamentary in Illinois

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.

An executor must be 18 or older, a U.S. resident, of sound mind, not adjudged a person with a disability, not in state or federal prison, and generally not convicted of a felony (a person with a felony conviction may serve if the will names them and expressly acknowledges the conviction, with some exceptions such as financial exploitation of an elderly or disabled person). A nonresident executor may serve, but the court may require a bond even if the will waives it. Representatives take an oath and file a court-approved bond unless the will excuses it.