How to Choose an Executor of Your Estate

For most people in the Oak Park area, the estate planning process will include drafting a will. Part of making a will includes deciding who to name as an executor. What is an executor? According to language provided by Illinois’s 19th Judicial Circuit, an executor is “the individual who is listed in the will as the person whom the decedent [the person who made the will and is now deceased] wishes to administer property and debts to assure that the will, or intent, of the decedent be fulfilled.” In other words, the executor makes sure the terms of the will are carried out and is responsible, in general, for administering the estate of the deceased person. As a CNBC article emphasizes, the average time it takes to settle an estate in the US is 16 months, so the “role of executor is a big job.”

When you are making a will, you will decide on an executor of your estate. How should you choose an executor? There are a number of factors you should take into account. Consider the following information from our Oak Park estate planning lawyers.

Know the Requirements Under Illinois Law

First, you will need to choose a person to be an executor who is allowed to be an executor under Illinois law. According to the Illinois Probate Act, a person may act as an executor if all of the following are true:
  • At least 18 years old;
  • Resident of the United States;
  • Not of unsound mind;
  • Not an adjudged person with a disability; and
  • Has not been convicted of a felony.
Accordingly, your choice of an executor should conform to the above requirements.

Consider a Responsible Person You Trust

When you are deciding on an executor, you want to choose a person that you not only trust but who is a responsible person themselves. It is important to remember that your executor will have to handle a range of issues pertaining to administering your estate and will need to know when it is necessary to hire a professional for complicated questions. Being an executor is a major responsibility, so you will want a responsible person to do the job.

Make an Informed Decision

Sometimes, family members might push you to name them as executors or urge you to name a particular person as an executor. Be sure that you are making an informed decision with help from your estate planning lawyer. Do not make a decision about this extremely important matter just to appease an adult child or another family member. Make a decision based on rational thinking and with assistance from a professional.

Contact an Oak Park Estate Planning Lawyer

If you have any questions about estate planning or if you need help making a will or choosing an executor, our experienced Oak Park estate planning attorneys are here to assist you. We know that making a will and considering other estate planning documents can be stressful, but we can help you through the process. Contact the Emerson Law Firm today to learn more.



See Related Blog Posts:
Probate Act Terms to Know
Understanding Advance Directives in Illinois

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