You’ve Been Asked to Handle the Estate. Now What?
Being named in a will as executor, or being the family member everyone turns to when there is no will, is a responsibility that often arrives at a hard time. Knowing a few practical first steps can help you avoid common mistakes while you figure out what comes next.
Practical First Steps
- Locate the original will. Look for the signed original, not just a copy. In Illinois, the person holding a deceased person’s original will is generally required to file it with the clerk of the circuit court after the death.
- Secure property. Lock up the home, keep vehicles and valuables safe, and make sure insurance on the property stays in place.
- Gather paperwork. Collect death certificates, bank and retirement statements, deeds, vehicle titles, insurance policies, recent bills, and tax returns in one folder.
- Hold off on distributing or selling. Until someone has legal authority from the court, or a simpler procedure clearly applies, avoid handing out belongings, selling property, or closing accounts.
- Be careful about paying debts yourself. Creditors may contact family members. Talk with an attorney before paying the deceased person’s bills from your own money.
- Keep a record. Write down what you find and what you spend. Executors and administrators generally have to account for the estate.
Do You Need to Open a Probate Case?
Not always. Depending on what the person owned and how it was titled, some estates may qualify for a simpler process, and some assets may pass outside of probate. An attorney can review the situation with you and explain whether a court case is needed. For an overview of how probate works, see our post Lost a Loved One? Guidance Through the Illinois Probate Process.
We’re Here to Help
Wator & Associates, P.C. helps executors, administrators, and families throughout Chicagoland with Illinois probate. Call our office at 773.407.2100 to talk with our team.
This post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every estate is different, and results depend on the facts of each case.