Tag: distribute

What Is an Executor’s Job in Illinois?

Posted May 19, 2022 by Law Office of Andrew Szocka

If you have been appointed the executor of an estate or are choosing your own executor, you might have questions about the job of an executor in Illinois. Executors are in charge of distributing the estates of people who have passed away.

  1. Identifying Estate Assets

First, an executor’s job involves identifying estate assets. The deceased person might have kept assets all over the world or not told anyone about certain accounts. To distribute the assets, the executor must find them first. He or she also needs to find the assets to determine if the estate must be distributed with oversight of the Illinois probate courts. Smaller estates that do not include real estate do not have to go through probate.

  1. When the Executor Must Go to Probate Court

If the executor realizes that the estate has a value over $100,000 or that the deceased person owns real estate, then the executor needs to file with the probate court. The court reviews the will and officially appoints the executor to handle estate distribution. In addition, the court requires the executor to notify creditors that the estate is being probated, get valuations of property if needed, and locate heirs.

  1. When No Probate Court Is Required

When the estate has a lower value and no real estate, the executor can simply proceed to gather the assets, identify heirs, and distribute the assets to the heirs. This process can take less time than probate court. Delays occur when there is difficulty locating assets or heirs – as when they are located in other states or countries, or the deceased person has left little information about their location.

  1. Taxes and Other Business

Beyond just distributing assets, the executor is responsible for paying taxes for the deceased person. This includes not only filing the deceased person’s federal income taxes for his or her year of death, but also preparing an estate tax return if the estate is above a certain value (in the millions of dollars). The executor also has to handle state and local taxes.

Finally, the executor remains in charge until all estate assets have been distributed (including until any required property sales have closed), all disputes have settled, and all taxes are paid. At that point, he or she is discharged of the demanding duties of an executor.

Want to start planning your estate? Local attorney Andrew Szocka, Esq. provides thorough and speedy estate planning help in the Chicagoland area. To schedule a free initial consultation, visit the Law Office of Andrew Szocka, P.C. online or call the office at (815) 455-8430.

Choosing an Executor for Your Will: An Illinois Overview

Posted January 6, 2022 by Law Office of Andrew Szocka

You might have difficulty choosing an appropriate executor for your will without some guidance. An executor fulfills an important role in distributing an estate, so your choice could really matter for your heirs.

What Types of Tasks Must an Executor Do for Your Estate?

Executors do a lot of different kinds of tasks when distributing assets to heirs named in wills. For example, they might:

  • Get copies of the death certificate
  • Make funeral arrangements
  • Locate far-flung heirs
  • Arrange an estate sale
  • Attend probate court hearings
  • Send notices to creditors
  • Identify and retain professionals such as an accountant and lawyer

These wide-ranging tasks may not be suitable for everyone. You should carefully select an executor who is responsible and timely in following directions and finishing tasks.

Your executor does not have to have financial or legal expertise, but it may help. Many people choose relatives as executors. The relatives then have to spend the estate’s money on professionals to help with taxes and other estate distribution tasks. As a result, heirs may receive less money than they would if the executor already had financial knowledge or other special skills.

Who Could You Choose as an Executor?

Again, a lot of people select a relative as an executor. Although it could be a bad idea to pick someone who directly benefits from the will if multiple people inherit, people often still pick their spouse as executor. Others select more distant relatives. Alternatively, you could choose a close friend or business partner.

Some people may opt for an estate planning lawyer or even a financial institution as an executor. The advantage of choosing a lawyer is that he or she already knows the law and understands an executor’s responsibilities. Plus the lawyer can go to court if necessary. Financial institutions have resources and experience as well, but they are costly. The money to pay the lawyer or institution comes out of the estate, so people with smaller estate may want to make a different choice. In any case, picking the right executor is important – speak to your estate planning lawyer for more help.

Want assistance choosing an executor for your estate? Local attorney Andrew Szocka, Esq. provides thorough and speedy estate planning help in the Chicagoland area. To schedule a free initial consultation, visit the Law Office of Andrew Szocka, P.C. online or call the office at (815) 455-8430.