The Executor of my Great-Aunts Will wants to appoint me as the administrator of the Will. Do I need a surety bond?

Asked over 1 year ago - Royalton, IL

If I accept the administrator position of My Great Aunt's will, do I need a surety bond in the state of Illinois, Franklin County? The beneficiaries of the Will are my 2 sisters, my brother and myself. I read that All of the beneficiaries under the will of a deceased person can waive the necessity of bond of the personal representative.

Attorney answers (3)

  1. Paul A. Smolinski

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . To be honest With you, your question does not make a lot of sense. An executor is somebody who is named in a Will the executor cannot appoint an administrator of an estate. Therefore I'm not sure what is going on in your situation.

    In any case you should use a local probate attorney while acting as executor or administrator.

    Best wishes.

    Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his... more
  2. Judy A. Goldstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . Your question is confusing. The executor cannot appoint an administrator. Is the executor seeking to step down or decline the appointment and is looking for a successor? What does your great aunt's will say about bond? Usually the surety is waived for the executor.

  3. Joseph Michael Pankowski Jr

    Contributor Level 18

    3

    Lawyers agree

    Answered . I interpret your question as follows: the Executor of your great aunt's will wants to step down and there is no available successor named in the will. Accordingly, the Executor is asking you to serve as Administrator CTA and have the probate court appoint you in this capacity. If this is the case, you are very likely to have to post a bond. Most wills only excuse bonds of named Executors, not individuals appointed as Administrators CTA. If you do not have an attorney, you would be well-advised to retain one prior to taking on this role. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more

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