How to Request an Extension for Filing a Final Accounting in Probate in Illinois | Illinois Probate | FastCounsel
IL Illinois

How to Request an Extension for Filing a Final Accounting in Probate in Illinois

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.

Understanding Final Accounting Deadlines in Illinois Probate

In Illinois, a personal representative (executor) must file a final accounting with the circuit court after completing estate duties. Under 755 ILCS 5/28-2, the court sets a deadline—commonly six months after letters are issued—to submit this report detailing receipts, disbursements, and remaining assets.

Statutory Basis for an Extension

Section 28-8 of the Illinois Probate Act authorizes the court, “for good cause shown,” to grant extra time to file any inventory or account. See 755 ILCS 5/28-8. You may need an extension when assets remain tied up, creditors’ claims are unresolved, or complex tax issues arise.

Step-by-Step Process to Request an Extension

  1. Prepare a Written Petition: Draft a motion titled “Petition for Extension of Time to File Final Accounting.” Explain why you need more time (e.g., pending real estate closing, outstanding creditor claims, tax complications).
  2. Reference the Statute: Cite 755 ILCS 5/28-8 (link). This shows you’re requesting relief under the correct law.
  3. Attach Supporting Evidence: Include documents such as pending closing statements, correspondence with creditors, or tax notices to demonstrate good cause.
  4. Submit to the Clerk of Court: File your petition with the circuit clerk in the county where probate is pending. Pay any required filing fee or request a fee waiver if you qualify.
  5. Serve Interested Parties: Under 755 ILCS 5/2-6, deliver a copy of your petition to all beneficiaries and creditors by certified mail or personal service. File proof of service with the court.
  6. Attend the Hearing: The court will schedule a date. Be prepared to explain why additional time is necessary. Answer the judge’s questions and provide any further records they request.
  7. Receive the Court’s Decision: If the judge finds good cause, you’ll receive an order extending the deadline. The order will specify the new date to file your final accounting.

Key Considerations

  • File the petition well before the original deadline to avoid sanctions or removal as personal representative.
  • Maintain clear records of all estate transactions during the extension period.
  • If the court denies your request, you must file by the original deadline or risk contempt.

Helpful Hints

  • Use clear, concise language in your petition. Judges appreciate straightforward explanations.
  • Confirm local court rules—some counties require specific forms or cover sheets.
  • Keep beneficiaries informed to reduce objections and speed court approval.
  • If real estate is involved, ask your title company for estimated closing timelines to include in your petition.
  • Consider consulting a probate attorney early if disputes arise or the estate is complex.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.