Legal Question in Wills and Trusts in Illinois

Executor fees and when you have to probate

What is the statue for an executors fees for the state of Illinois? I am the executor for my aunts will all of her assests are liquid no property. When she passes away do i have to take the will through probate if the total value of the estate is under $100,000.?


Asked on 11/02/03, 4:32 pm

1 Answer from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: Executor fees and when you have to probate

In Illinois, an executor's fee is allowed, and must be reasonable in relation to the work performed. The fee is subject to reveiw by the probate court, and approval by the heirs. The fee is taxable as income to the executor.

In Illinois, a small estate affidavit can be drafted in lieu of probating an estate of less than $50,000. An Illinois lawyer must draft such a document.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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Answered on 11/03/03, 10:15 am


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