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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33726
Experience:  Attorney with 15 years experience
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In Illinois, how after probate ends on an estate does the

Customer Question

In Illinois, how long after probate ends on an estate does the executor have to execute the will? Do they need a lawyer to do this?
Submitted: 21 days ago.
Category: Family Law
Expert:  Barrister replied 21 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Probate is the process of settling the estate and administering it according to the terms of the will.... So probate doesn't end until the will has been fully administered and the estate settled according to its terms..

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So can you tell me what you mean by "the executor executing the will"?

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Are you asking how long after the testator dies do they have to file a probate case to settle the estate?

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thanks

Barrister

Customer: replied 21 days ago.
The estate went to probate and we were told after six months the probate period was over, and the estate could be closed, and the will executed as far as monies going to the legatees and all bills paid. Is the executor bound at the end of this 6 month period to immediately close out the estate and distribute the monies? Is a lawyer needed to do this officially, or can the court advise the executor of the procedures?
Expert:  Barrister replied 21 days ago.

Ok, the way probate goes is that it remains open indefinitely until all claims are settled, all debts paid, taxes paid, and then any surplus assets distributed and the estate is closed.

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So no, it doesn't automatically end after 6 months. What you are likely referring to is the "creditor claims" period, which is 6 months in IL. That is the time that any creditor can submit a claim for payment, after which they are barred from doing so.

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So after 6 months, the executor could begin to distribute assets and move towards closing the estate if they had all their other duties completed.

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But the typical probate case in IL will take close to a year because the executor has to file any final tax returns for the deceased and the estate and then get clearances from the IRS and the State Dept of Revenue before they can move towards distributing assets, filing a formal final accounting, and then moving to close the estate.

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thanks

Barrister

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