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What Happens if the Executor Does Not Probate the Will? If probate becomes a requirement, but the executor never goes through the process, this prevents beneficiaries from receiving assets or inheritance. Instead, the state will possess the assets, or they will remain frozen due to the lack of legal beneficiaries.
Depending on the size of the estate and how backed up the courts are, probate could take months or even years. If the deceased left a will and no one contests it, in approximately one year the estate may be closed and any remaining assets will be distributed to beneficiaries.
A Letter of Appointment of Executor helps prove you have been put in charge of someone's estate after they have passed away. As Executor, you've been given the duty to manage the estate and carry out the directions of the will; however, a court may require official documentation.
There is no specific timeline for probates in Illinois, and you cannot collect your share of the inheritance money until after probate ends, which can be anywhere between a few months to several years after the process begins. Depending on the complexity of your estate, you may enter a formal or informal probate case.
In general, all claims against a deceased person's estate must be filed within two (2) years of the person's death.
Deadline to close the estate: 14 months from the date the will is admitted to probate. If the estate remains open after 14 months, the court will expect the representative to account or report to the court to explain why the estate needs to remain open.
Closing of an Illinois Probate Estate Once assets have been gathered and inventoried, and any debts and taxes have been paid, the executor can begin closing the estate. The executor must file a final accounting with the court showing how estate assets were handled.
Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.