Legal Question in Wills and Trusts in Illinois

I don't see how there would be any liability for a person who has done nothing and has undertaken no responsibility. If you have an interest in the estate and need the will to be admitted to move forward, then you or any person in interest can go ahead and do that. The named individual can either sign a declination or you can give the named individual notice of a petition having been filed.

If this is an actual situation in which you have an interest, I strongly suggest you contact a probate attorney to assess your best course of action.

If the will truly requires probation (not every estate needs the court to order distribution of a decedent's estate), someone else must step up and seek to have the will admitted. If the will named a second choice if the first named executor failed or refused to act, that second person should seek to be appointed. If there is no second choice, the individual who is willing to serve should seek to be appointed Administrator with the Will Annexed. Nobody can be forced to serve as executor if they are not willing.