Do I Need To Appoint a Personal Representative?

  • Estate Planning
  • Wills
Do I Need To Appoint a Personal Representative? | Mario Godoy | Chicago Estate Planning Lawyer

A personal representative or an executor is someone named in a will to administer the decedent’s probate estate. Your will should name the individual you would like to serve as your personal representative or executor. When you make a will, you need to identify someone to carry out your wishes and distribute your assets. 

Requirements To Be A Personal Representative

  • In Illinois, there is a requirement that the personal representative is of sound mind and mentally competent to handle matters of the estate
  • They must be at minimum 18 years of age
  • They must be a resident of the United States
  • They cannot be convicted of a felony
  • They cannot have been adjudged to a disabled person

If someone dies without a will, the estate is called intestate and the court will appoint a personal representative.

Learn About the Responsibilities of a Personal Representative From a Lawyer

If you are named the personal representative of someone’s estate and you have questions about your responsibilities, or if the deceased’s family objects to your being appointed as personal representative, you should contact an attorney who could explain the role of personal representatives or to convince the judge to honor the deceased’s wishes.

To talk to a probate, trust and estates attorney in Chicago or Lombard, contact the Estate & Probate Legal Group at 630.800.0112.