FAQs: Do I Have to Live in Illinois To Be the Executor Of a Will?

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I was named the Executor of my brother's will, but I don't live in Illinois. Do I have to live in Illinois to be the Executor of my brother's will? 

I was named the Executor of my brother’s will, but I don’t live in Illinois. Do I have to live in Illinois to be the Executor of my brother’s will? 

I’m very sorry about the loss of your brother. You can be a great comfort and support to his family by handling the duties of Executor of his will. Until the time comes, many people are confused about the role and duties of the Executor of an estate.

A person does not have to live in Illinois to serve as the Executor of an Illinois will. In Illinois, the qualifications to be the Executor of a will are they must be:

• at least 18 years old
• a U.S. resident
• of sound mind

Illinois prohibits people from serving as an Executor if they:

• have felony convictions
• fail to provide for their family by gambling, abusing alcohol or drugs, “being idle,” or engaging in “debauchery”
• have a mental or physical incapacity that prevents them from managing his own affairs
• are diagnosed with fetal alcohol syndrome

Illinois law allows that the Executor is paid “reasonable” compensation for the work they must perform in administering your estate. Illinois may require an Executor who does not live in the state to post a bond.

In Illinois, the top 12 responsibilities of a will Executor are:

1. Make arrangements to care for dependents and pets

2. Notify family, friends, employers and other relevant contacts

3. Hire an attorney

4. Get a decree naming you Executor so you can execute your responsibilities

5. Keep accurate records of all actions, documents and expenses

6. Order death certificates

7. Notify banks, credit card companies, employers, insurance companies and government agencies of the decedent’s death

8. Set up a bank account for incoming funds and pay any ongoing bills

9. File an inventory of the estate’s assets with the court

10. Pay the estate’s debts and taxes

11. Distribute assets

12. Dispose of other property

DuPage and Cook County Estate Planning Attorney

When you work with an estate planning attorney to create a will and name an Executor, they can give you the options to best protect your estate and the future of your loved ones. To talk to an experienced estate planning attorney contact the Estate & Probate Legal Group in Oak Brook Illinois at (630) 382-8065.

During the COVID pandemic the Estate and Probate Legal Group will remain open to help you protect your family. Please see this page for specific actions to take