My Mother Died In Illinois, But I Live Out Of State And Am The Executor Of Her Will – Is That Allowed?

  • Illinois Probate Law
out of state executor

Being the executor of a will can be a daunting challenge, made even more difficult if you live out of state. Illinois does allow out of state executors, but since closing an estate can take 6 months or longer, you must be ready for this long-term process. You must pay attention to the details while being diplomatic with friends and family. While every state allows you to be an executor if you live in another state, most states have some conditions to which you must adhere.

Executors Who Live Out Of State

Not every estate must go through the courts and probate process. If the estate is worth less than $100,000.00 and there is no real estate, the family may wish to handle all aspects of closing it themselves. If you are in charge of closing someone’s estate, there are steps and requirements.

The basic terms of being an executor of a will in Illinois are:

  • Must be 18 years old
  • Must be a US resident
  • Must be of sound mind and not judged incompetent by the courts
  • Must not have any felony convictions 

As you can see, it does not state that the executor must be a resident of Illinois. But other requirements must be followed for all nonresident executors. In Illinois, the court may require them to post bond, even if the will expressly states that no bond is required. 

Sometimes, the beneficiaries may question if the executor will do everything right and not make careless mistakes or even take items that aren’t theirs. For this reason, many states require them to purchase an executor bond. This contract guarantees the executor will administer the estate according to the will and the law. It gives the executor an added incentive to abide by the will strictly.

Being an out-of-state executor has many responsibilities and laws. Working with an experienced probate attorney can help you with this process.

Working With A Probate Attorney

The probate laws differ in every state. So, if you are the executor of a will and do not currently reside in Illinois, it is best to work with an Illinois probate attorney to settle and close the estate.

We can help with any or all steps of the probate process, from filing the original documents to handling disputes. Certain documents must be filed with the courts, and the probate process must proceed. As an executor, you cannot claim you are ‘too busy’ to handle the required duties. You can either turn down the position as an executor or let us help move the process along and finally close the estate. But there are certain situations when it’s best to hire an Illinois Probate lawyer.

Illinois Probate Attorneys

Do you live out of state and have questions about Illinois probate? Or are you the executor of a loved one’s estate? If so, an experienced probate lawyer can advise you on the best options for your situation. To talk to a qualified probate attorney in Chicago, contact the Estate & Probate Legal Group at 630-864-5835

Areas We Serve: Cook, Dupage, Kane, Lake and Will counties.