Legal Question in Wills and Trusts in Illinois

Yes, the easiest way is to find the executor and have her sign a Declination of Office simply stating, for example: "I, not having undertaken any duties of office, hereby decline to serve as Executor of the Last Will of [NAME OF DECEDENT].

Otherwise you will have to do it on Motion. Either way you will have to do it after your aunt's death unless signs a codicil making the change. You said she was in hospice but you didn't say whether or not she was still mentally competent.

As always it is worth taking the time to consult with an attorney. I can be found at www.legacylaws.com. Be well.

You have to show the court that you have made a genuine and exhaustive attempt to locate the individual named as executor before you can have the backup appointed. This would have to wait until the aunt dies and the estate goes into probate. Then the judge can appoint a temporary executor to manage affairs until the real executor can be located or it is shown that that individual cannot be located.

If you do find the person and she does not want to act as executor, she needs to sign a witnessed and notarized affidavit or tell the probate judge in person.

All of these actions will require the estate to go through probate after the aunt dies. You will not be able to legally sell the house, change executors, or dispose of any of the aunt's property after death until the estate has gone through probate.