How to Become the Executor of an Estate Without a Will in Illinois

It’s always terrible to lose someone you love, and it can be even harder when they didn’t leave a will. If you die in Illinois without a will, the state’s intestacy statutes dictate who gets your money and who manages your estate. If you’re wondering how to be the executor of an estate without a will, remember that in Illinois, the court will choose an administrator (also known as a personal representative) to take care of matters.

This blog takes you through the steps, qualifications, and duties of becoming the administrator of an intestate estate in Illinois. (Spoiler: it includes asking the probate court for Letters of Administration and complying with Illinois probate procedures.)

It turns out a lot of Americans don’t have a will. In fact, a recent poll discovered that less than one out of three U.S. adults has written one. That makes intestate estates prevalent. Illinois statute then stipulates who gets what (such as a spouse and children dividing the estate 50/50) and who may substitute. Although the term “executor” generally applies to one named in a will, when no will exists, you become the court-appointed administrator. Continue to find out how to obtain letters of administration without a will in Illinois, from qualification to ultimate distribution.

Illinois Intestacy Laws and Who Inherits

If a person in Illinois dies without a will, the state divides their property. Illinois is governed by the provisions of 755 ILCS 5/2-1 and other companion statutes. Here’s a summary of how things pass on:

• Spouse and children: The surviving spouse and the decedent’s children split the estate equally. In other words, half goes to the spouse and half to the children.
• Only children (no spouse): If there is no surviving spouse, the children inherit everything.
• Only spouse (no descendants): If there are no children or grandchildren, the spouse takes the entire estate.
• No spouse or descendants: If there is no spouse or children, the estate passes to other relatives in the following order: parents, then siblings, then nieces/nephews, and so forth. (If there aren’t any relatives, the state ultimately takes the property.)

Since there’s no will to designate an executor, the court will have to appoint an administrator to manage the estate. Illinois statutory law refers to this person as the Administrator (or Personal Representative). The court has a very strict order of precedence, with the closest relatives being favored. Here’s approximately how the priority is done under Illinois law (from highest to lowest):

• Surviving spouse (or someone the spouse nominates).
• Children (or someone they nominate).
• Grandchildren (or their nominees).
• Parents (or their nominees).
• Siblings (or their nominees).
• Other heirs (any other kin).
• Public Administrator or a creditor if no one else qualifies.

Every group can “nominate” someone to do the job if they don’t want to do it themselves. In reality, a surviving adult child or spouse will typically get first choice, except in the event of a refusal. In cases where multiple individuals within the same priority class desire the position, the judge will select one after a hearing.

Who Can Serve? (Executor / Administrator Qualifications)

Not just anyone can step in. Illinois sets clear rules on who is qualified to serve as an estate administrator. Under 755 ILCS 5/9-1, a person must:

• Be at least 18 years old.
• Be a U.S. resident (IL law says “resident of the United States”).
• Be of sound mind (legally sane).
• Have no felony convictions on their record.

Individuals who do not meet any of these qualifications are ineligible. (For instance, a felon is ineligible, as is anyone who is a minor or legally incapacitated.) In the event that the highest-priority individual is not qualified or refuses, the court proceeds to the next priority. Occasionally, family members will forgo their right and allow someone else to serve. (Illinois even permits this: if higher-priority heirs all concur in writing, a lower-priority individual may be named.)

Remember: in informal talk, we say “executor,” but in an intestate case, the legal term is administrator or personal representative. We’ll often use those terms interchangeably here.

Steps to Become the Administrator of an Intestate Estate

If you meet the qualifications above and want to manage your loved one’s estate, here are the main steps to get Letters of Administration without a will in Illinois:

1. File a Petition with the Probate Court

The first step is to file a formal Petition for Letters of Administration in the probate court of the county where the decedent resided. The petition requests that the court appoint you as the administrator of the estate. Illinois law requires that the petition contain specific information, including the name of the decedent, the date and location of death, and an appraisal of the value of the estate. You must also list all known heirs (relatives who would inherit) and their addresses. 

Basically, the petition says who passed away, what they had, and why you’re entitled to handle the estate. (Usually because you’re the spouse or child left behind, or appointed by them.) There are model court forms in every county (e.g., Cook County’s “Petition for Letters of Administration”) that will walk you through it. It does cost something to file, and you’ll probably need to provide death certificates and maybe proof of residency.

2. Notify Heirs and Interested Parties

After the petition is filed, Illinois law mandates notice to specified individuals. This generally involves sending notice by certified mail to any individual who has an equal or greater priority right to administer (for instance, if you’re the child, you’re required to notify the spouse, or the other way around). You are required to do this at least 30 days before the court hearing. The court will set a hearing date on your petition, and the notice has to be mailed with that hearing information so others can contest it if they want. 

Once the court enters an order, you also have to give notice to any other heirs who weren’t previously notified. If you don’t know the address of an heir, Illinois allows publishing a short notice one time a week for three weeks in a local newspaper. All receipts for mailing and proofs of publication are also filed back with the court to prove you provided proper notice. In short, communication and openness are important steps – they ensure all those who may have an interest in the estate know about the proceedings.

3. Attend the Probate Hearing

At the hearing date, you (and other claimants, if any) will come before a judge. The judge will verify that the petition is proper, that proper notice was given, and that you are competent and eligible. If someone else objects (e.g., a family member would prefer to be the administrator), the judge will sort it out – either right then, or by ordering another hearing. 

Assuming there is no valid objection, your judge will approve your petition. You’ll be sworn into office under oath, faithfully to perform your duties, and your judge will sign an order permitting the opening of the estate and for you to act.

4. Obtain Letters of Administration

Once you get the judge’s permission, your clerk of the court issues your Letters of Administration. These are formal papers that prove you’re the administrator of the estate. They provide you with authority under the law to gather assets, settle debts, and distribute property based on Illinois statutes. (Consider them your official “badge of authority” for the estate.)

Illinois statute actually states that if a person dies intestate, “letters of administration shall be issued… upon petition”. With these letters in hand, you have the authority to act on behalf of the estate – such as opening accounts in the estate’s name, transferring titles, or selling assets as necessary.

5. Post-Letter Duties: Inventory, Debts, Taxes, and Distribution

Being named administrator is only the first step. Illinois makes you locate and take inventory of all assets of the estate. You will need to find bank accounts, real property, investments, personal items of value – all of value. You will also need to find and list any debts or unpaid bills the decedent had. Following inventory, you manage the finances of the estate: usually, you establish an estate account to receive incoming funds (such as any remaining paychecks or interest), and pay recurrent bills (mortgages, utilities, etc.) out of that. 

Next, you pay legitimate creditors. Illinois statute provides an order of payment (e.g., funeral costs, family allowance, and last medical expenses first, then other debts and taxes). You’ll provide creditors with notice and an opportunity to make claims. You cannot distribute assets to beneficiaries until debts, taxes, and administrative fees are paid. This prevents future issues. 

You also have to deal with taxes: prepare the decedent’s final income tax returns, and potentially an estate tax return if the estate qualifies. All these are responsibilities of an administrator, quite close to those of an executor in a will. Finally, you split up the remaining assets according to Illinois intestacy law (using the guidelines we gave above) after paying off obligations and taxes. If there is a surviving husband and kids, for instance, the law says you must distribute each of them half of the estate’s remaining assets. Keep very detailed records at all times. Finally, you’ll give the court an explanation of how the estate was run and ask them to officially close it.

Key Tips and Common Pitfalls

Handling an intestate estate can be emotionally and procedurally complex. Here are a few key tips:

• Follow all notice requirements. Failing to notify an heir or creditor can delay or invalidate the probate. Send required mailings and newspaper notices as Illinois law mandates.
• Don’t distribute anything too soon. One frequent mistake is paying out assets before debts are fully settled. Always wait until the court approves your accounting and you have discharged claims.
• Check bond requirements. The court may require a surety bond (insurance) on administrators to protect the estate. In Illinois, the court may waive this if all heirs agree. But if you live out of state, the court “may in its discretion” require a bond. Don’t skip this step if the court orders it.
• Keep records. Track every transaction (deposits, bill payments, distributions). You’ll need those records for the court and for any interested parties who request an accounting.
• Get help if needed. The Illinois probate process has many deadlines and forms. Consulting an estate attorney can ensure you don’t miss something and might spare the estate unnecessary delays.

Why an Attorney Can Help

Naming an administrator is only the beginning; probate can get complicated (particularly if property or family situations are involved). An Illinois probate lawyer who has experience can guide you through pitfalls. They can aid in the preparation of the petition, negotiate creditor claims, or defend against objections. As probate professionals point out, having someone to help “makes estate administration much less intimidating.” In stressful moments, the support of a lawyer assures that you’re doing what your loved one needs done right.

If you are feeling stressed, be reassured that lawyers do this regularly – from petitioning Letters of Administration to ultimate distribution. For instance, an Illinois attorney remembers assisting an executor who’d petitioned in an incorrect county; the lawyer transferred the case and managed complex distributions expeditiously. Bottom line: legal advice can grease the wheels, allowing you to concentrate on personal concerns through a challenging time.

Need Help Becoming an Executor? Contact 23 Legal Today

Getting to be the administrator of an Illinois estate without a will can seem daunting, but taking the correct legal procedures makes it achievable. From petitioning in probate court to informing heirs and obtaining your Letters of Administration, each step is crucial for proceeding with the estate.

Once you are appointed, your responsibility is to take inventory of assets, settle debts, and divide the estate under Illinois law. It’s a big responsibility, but one you don’t have to shoulder alone. Having expert guidance can help make the whole process easier and less stressful.

If you have questions or need legal support, the team at 23 Legal is here to help. Call (847) 447-6004 or email [email protected] today to speak with an experienced probate attorney and get the clarity you need.

Frequently Asked Questions

Why Choose 23 Legal

23 Legal offers Real Estate and Estate Planning legal services to individuals, families, community associations and small business owners throughout Chicagoland. We know how intimidating “the law” can be. In fact, when most people think of law offices, they think of stuffy leather chairs, huge wooden desks and pompous lawyers who charge outrageous fees. That’s not us! We believe in 1-to-1; the same lawyer should work with you all the way through. Whether you have an estate planning issue, family trust concern, or you have a legal problem in regard to a new home, business, real estate or remodel, you need a lawyer who cares. That’s where Ben comes in! We are great listeners; more than that, we are lawyers who believe that our clients always come first.

Attorney Ben Weaver is an expert in Real Estate Law for Arlington Heights, Prospect Heights, Mount Prospect, Des Plaines, Glenview, Park Ridge, Wheeling and the surrounding communities.