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

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. 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 answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

  2. 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. 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 considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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