Detailed Answer
When an estate administrator delays or refuses to distribute your inheritance in Illinois, you have the right to ask the court to force payment. Under the Illinois Probate Act, beneficiaries can demand a formal accounting and compel distribution. Here’s how:
- Check the Six-Month Waiting Period
Illinois law generally requires administrators to wait at least six months after appointment before making final distributions, unless all creditors have been paid and the court approves early distribution. (755 ILCS 5/28-1)
Link: 755 ILCS 5/28-1 - Request an Accounting
If you suspect mismanagement or delay, file a petition for accounting. Under 755 ILCS 5/24-1, the administrator must provide a full report of assets, receipts, expenses, and distributions. You do this by filing a petition in the probate court where the estate is pending. - File a Citation to Show Cause
Use 755 ILCS 5/24-2 to petition the court for a “Citation to Show Cause.” The judge will order the administrator to appear, explain delays, and justify their actions. If the administrator fails to respond or lacks valid reason, the court can order immediate distribution of your share.
Link: 755 ILCS 5/24-2 - Seek Removal or Surcharge
If the administrator acts in bad faith, you can ask the court to remove them and appoint a successor under 755 ILCS 5/24-6. You may also seek a surcharge—a monetary penalty—under 755 ILCS 5/24-3 for unreasonable delay or mismanagement.
Link: 755 ILCS 5/24-3 - Move for Final Distribution
Once all claims and expenses are resolved, file a Petition for Final Distribution. The court will review accounting, ensure all creditors are paid, and then issue an order distributing assets to beneficiaries in accordance with the will or Illinois intestacy laws. (755 ILCS 5/28-2)
Key Timeline: Administrator appointed → 6-month statutory waiting period → petition for accounting or citation to show cause → court hearing → distribution order.
Disclaimer: This article provides general information only. It does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney.
Helpful Hints
- Keep copies of all communications with the administrator.
- Track important dates: appointment, notice of probate, and six-month mark.
- Gather estate documents: will, inventory, and creditor notices.
- File petitions in the probate court where the estate is open.
- Consider mediation to resolve minor disputes quickly.
- If costs mount, ask the court to award attorney fees from estate assets.