What to do if you did not get notice of a final accounting in an Illinois probate case

Detailed Answer

This guide explains practical steps you can take under Illinois law if a sibling (or another personal representative) filed a final accounting in your parent’s estate but you received no notice. This is an overview for educational purposes only and not legal advice.

Quick overview of the legal framework

Probate in Illinois is governed by the Illinois Probate Act of 1975 (755 ILCS 5/). The Act and court rules require that interested persons be given notice of probate proceedings and certain hearings. If an interested person did not receive required notice, orders entered in the case (including approval of an accounting or distribution) may be subject to reopening or vacation because of lack of notice and the denial of procedural due process. See the Probate Act: 755 ILCS 5 (Probate Act of 1975).

Who is an “interested person”?

Typically, interested persons include heirs, beneficiaries named in a will, certain creditors, and other persons who have a legal or financial interest in the estate. If you are an heir or beneficiary of the parent, you are very likely an interested person and entitled to notice of administration and significant probate proceedings.

Immediate steps to take

Act quickly. Some rights and remedies are time-sensitive. Do not assume you have months to wait.
Get the court file and records. Visit the probate clerk in the county where your parent’s estate is being administered. Request and review the estate docket, all pleadings, the final accounting, the order approving the accounting (if entered), and any notice or proof of service filed by the personal representative.
Confirm whether notice was required and whether it was given properly. The court file will show whether the personal representative filed proofs of service or affidavits of mailing. Compare that to the list of interested persons and to your relationship to the decedent.

Common legal options when you did not get notice

Which remedy fits depends on the specific facts. Common options include:

File an objection to the accounting (if the court has not yet finalized approval). If a final order approving an account has not yet been entered, you can file a written objection and request a hearing. The court typically must give you an opportunity to be heard.
Move to vacate or set aside the court’s order approving the accounting or distribution on grounds of lack of notice or lack of due process. You will typically need to explain why you did not get notice and how you were prejudiced by the lack of notice.
File a petition to reopen the estate or to revoke distribution if assets were already distributed. If funds or property were distributed without providing required notice, the court can, in some circumstances, order return of assets or other relief.
Ask the court to compel an accounting or to surcharge the personal representative if the fiduciary failed to give notice or otherwise breached duties. Illinois courts can remove or surcharge a fiduciary for misconduct, mismanagement, or failure to follow statutory duties.
Seek an emergency stay or temporary restraining order if assets remain and there is an immediate risk they will be dissipated. A successful emergency application can preserve assets while the court considers your claim.

What you will need to show

To succeed in challenging a final accounting or distribution for lack of notice, you typically will need to show:

You were an interested person under the Probate Act or otherwise had a legal interest in the estate.
The personal representative or other party failed to provide required notice to you.
Because you were not notified, you did not have a meaningful opportunity to contest the accounting or protect your interest.
You suffered prejudice (for example, assets were distributed and cannot be recovered without court action).

Evidence and procedural steps

Prepare the following:

Affidavits explaining how you learned about the accounting, that you did not receive notice, and the nature of your interest in the estate.
Copies of the probate docket entries, the accounting, and any filed proofs of service.
Requests for production or subpoenas if you need documents held by the personal representative.
A proposed order asking the court for the relief you seek (set aside, rehearing, injunction, surcharge, etc.).

Practical limitations and likely outcomes

Courts balance fairness to the absent person against finality and reliance interests of beneficiaries who received distributions. If distributions already occurred and were made to good-faith purchasers or beneficiaries, the court’s remedies may be more limited and may involve tracing assets or monetary recovery rather than undoing every transaction. If a fiduciary acted in bad faith or intentionally hid information, the court has broader remedies including removal and surcharge.

When to get local legal help

Probate practice is technical and varies by county. An Illinois probate attorney can review the file, confirm statutory deadlines, and draft the correct petition or objection. If you want to preserve any claim, contact an attorney quickly so steps (like filing a protective motion) are not missed.

For the governing statute, consult the Illinois Probate Act of 1975 (755 ILCS 5): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=59. For general Illinois court information, see the Illinois Courts website: https://www.illinoiscourts.gov/.

Helpful Hints

Do not rely on verbal promises. Get court documents and copies of every filed paper from the probate clerk.
Make a timeline showing when the decedent died, when the estate was opened, when notices were filed (if any), and when the accounting and distribution occurred.
Preserve communications and evidence that show you were not given notice (emails, texts, letters, affidavits from witnesses).
If assets remain in the estate, ask the court for an expedited hearing to preserve those assets while your objection is decided.
If assets were already paid out, ask your lawyer about tracing, restitution, or surcharge claims against the personal representative.
Consider requesting mediation if family relationships and disputed accounting items make litigation costly and slow.
Contact the probate clerk promptly to learn local filing deadlines and any local rules that apply.

Disclaimer

This article provides general information about Illinois probate issues and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Illinois probate attorney right away.