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.
Elder Law Attorney
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.
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Divorce / Separation Lawyer
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.
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.
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