Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Illinois law, a personal representative (also called an executor or administrator) owes duties of disclosure and management to heirs and beneficiaries. Primary obligations include:
- Providing Notice of Appointment: Within 30 days of appointment, the personal representative must send written notice to all heirs and beneficiaries, including his or her name, address, and deadline to file claims. See 755 ILCS 5/14-3.
- Filing an Inventory: Within 90 days after appointment, the representative must file a verified inventory listing all estate assets and their values. This informs heirs of the estate’s scope. See 755 ILCS 5/18-1.
- Providing Regular Accountings: The representative must prepare and serve an annual accounting and a final accounting once estate administration ends. These accountings detail assets received, expenses paid, distributions made, and remaining balances. See 755 ILCS 5/18-2 and 755 ILCS 5/18-3.
- Responding to Reasonable Requests: Heirs may request copies of financial documents or updates on administration. Illinois courts expect the personal representative to respond promptly and in good faith.
- Acting in Good Faith and Avoiding Conflicts: The representative must administer the estate honestly, avoid self-dealing, and act in the best interests of all heirs. Mismanagement can trigger removal under 755 ILCS 5/18-5.
Failure to comply with these duties may lead to court sanctions, surcharge (financial liability), or removal of the personal representative.
Helpful Hints
- Keep copies of all notices, inventories, and accountings you receive.
- Note deadlines: 30 days for initial notice, 90 days for inventory, then annual accountings.
- Ask for receipts or statements for major transactions (sales, repairs, distributions).
- If you suspect mismanagement, you can petition the court to compel an accounting or remove the representative.
- Consult an attorney early if you face delays or uncooperative administration.