Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific probate matter.
Detailed Answer
Under Illinois law, a personal representative (also called an executor or administrator) generally must file and serve copies of any required accounting on interested parties once the court orders or permits one. The Illinois Probate Act (755 ILCS 5/) lays out key requirements:
- 755 ILCS 5/28-1 requires the personal representative to file an inventory of estate assets and receipts within six months of appointment.
- 755 ILCS 5/28-2 authorizes the court to order interim or final accountings and specifies what financial details must be included.
- 755 ILCS 5/28-4 obligates the personal representative to provide notice of any accounting hearing and serve all interested parties with the accounting itself.
Once the court sets a date to review the accounting, the personal representative must mail or deliver the accounting and a notice of hearing to each beneficiary, heir, or other interested person. After service, interested persons typically have 30 days to file objections to the accounting. If a personal representative fails to provide you with a copy, you may petition the court to compel production under 755 ILCS 5/28-4, and the court can impose sanctions or award attorney fees for noncompliance.
Helpful Hints
- Check your county’s probate local rules for any additional service requirements or form templates.
- Mark deadlines: Objections to an accounting are usually due 30 days after you receive notice.
- Keep written records of any requests you make to the personal representative for copies of the accounting.
- Use a court motion if informal requests fail—courts expect personal representatives to comply.
- Consider legal counsel: A probate attorney can help you prepare objections or navigate hearings under Illinois law.