Estate Planning 101

How Long Does an Executor Have to Settle an Estate in Illinois

In this article, we'll look at how long an Executor has to settle an estate in Illinois. We'll look at the milestones and due dates, as well as factors that impact timelines and how to know when an estate is officially 'settled'.)
October 6, 2023

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Settling an estate, or probate, is a complex process that requires a significant amount of time and effort from the executor, also known as the personal representative. In Illinois, this process involves several steps, including validating the deceased's will, inventorying the deceased's assets, paying off any debts and taxes, and finally, distributing the remaining assets to the beneficiaries. The timeline for this process can vary greatly, typically ranging from several months to over a year, depending on factors such as the size and complexity of the estate, the clarity of the will, and whether or not the probate process is contested.

The Estate Settlement Timeline:

The process of settling an estate in Illinois consists of several stages, each with its own general timeline. Here, we'll provide an overview of each stage and give an idea of how long the entire process may take:

  1. Submitting the Will: In Illinois, the executor is required to submit the will to probate court as soon as reasonably possible after the death of the testator (the person who made the will). While there is no specific deadline for this in Illinois law, it is generally best to do so within a month to prevent unnecessary delays in the probate process.
  2. Inventorying the Estate: Once the will has been submitted, the executor must compile a comprehensive inventory of the deceased's assets, including real estate, personal belongings, bank accounts, investments, and any other assets of value. Depending on the size and complexity of the estate, this process can take anywhere from a few weeks to several months. In Illinois, the executor is typically given 60 days from the date of their appointment to submit this inventory to the court.
  3. Communicating with Creditors: After the inventory has been completed, the executor is then responsible for notifying all known creditors of the deceased's passing. In Illinois, creditors are given six months from the date of their notification to make claims against the estate for any debts owed.
  4. Paying Debts and Taxes: Once creditors have been notified, the executor must then pay off any valid claims from the estate's assets. This also includes settling any final income taxes or estate taxes owed. This process can take a few months to over a year, depending on the number of claims and the state of the deceased's financial affairs.
  5. Distributing the Remaining Assets: The final step in the estate settlement process is distributing the remaining assets to the beneficiaries as specified in the will. This can only be done once all debts and taxes have been paid. If there are no disputes among the beneficiaries, this step can be completed relatively quickly, often within a few weeks.

It's important to remember that these timelines are just estimates and can vary significantly based on individual circumstances. For instance, if a will is contested, the probate process can be delayed by several months or even years. Also, if the estate is particularly large or complex, it may take longer to inventory and distribute the assets. While the duties of an executor require them to settle the estate as efficiently as possible, the process often requires a great deal of patience and diligence.

How Do You Know When an Estate is Settled:

An estate is considered settled when all of the following tasks have been completed: the will has been submitted to probate court, the estate has been thoroughly inventoried, all creditors have been notified and paid, any taxes owed have been settled, and the remaining assets have been distributed according to the will. Beneficiaries should receive a final accounting, which is a document provided by the executor. This document details all of the financial transactions made on behalf of the estate.

In Illinois, after this final accounting is reviewed and approved by the probate court, the executor can file a “petition for discharge”, which officially releases them from their duties. Upon approval of this petition by the court, the estate is officially considered settled. This is the final confirmation that beneficiaries should expect to receive, certifying the completion of the estate settlement process.

What to Do If You Think The Executor Is Taking Too Long:

While settling an estate can be a lengthy process, there are instances when an executor may not be fulfilling their duties in a timely or efficient manner. If you, as a beneficiary, believe this to be the case, there are steps you can take. Start by communicating openly with the executor. They may be able to provide a reasonable explanation for the delays. If communication doesn't resolve the issue, you can request an accounting of the estate. This is a report detailing the financial actions taken by the executor on behalf of the estate.

If you're still unsatisfied after these steps, Illinois law allows beneficiaries to petition the probate court for the removal and replacement of an executor who is not adequately performing their duties. This should be considered a last resort, as it can further complicate and delay the estate settlement process. It is always recommended to consult with an estate planning attorney before taking this action.