Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Understanding Final Accounting Deadlines in Illinois Probate
In Illinois, a personal representative (executor) must file a final accounting with the circuit court after completing estate duties. Under 755 ILCS 5/28-2, the court sets a deadline—commonly six months after letters are issued—to submit this report detailing receipts, disbursements, and remaining assets.
Statutory Basis for an Extension
Section 28-8 of the Illinois Probate Act authorizes the court, “for good cause shown,” to grant extra time to file any inventory or account. See 755 ILCS 5/28-8. You may need an extension when assets remain tied up, creditors’ claims are unresolved, or complex tax issues arise.
Step-by-Step Process to Request an Extension
- Prepare a Written Petition: Draft a motion titled “Petition for Extension of Time to File Final Accounting.” Explain why you need more time (e.g., pending real estate closing, outstanding creditor claims, tax complications).
- Reference the Statute: Cite 755 ILCS 5/28-8 (link). This shows you’re requesting relief under the correct law.
- Attach Supporting Evidence: Include documents such as pending closing statements, correspondence with creditors, or tax notices to demonstrate good cause.
- Submit to the Clerk of Court: File your petition with the circuit clerk in the county where probate is pending. Pay any required filing fee or request a fee waiver if you qualify.
- Serve Interested Parties: Under 755 ILCS 5/2-6, deliver a copy of your petition to all beneficiaries and creditors by certified mail or personal service. File proof of service with the court.
- Attend the Hearing: The court will schedule a date. Be prepared to explain why additional time is necessary. Answer the judge’s questions and provide any further records they request.
- Receive the Court’s Decision: If the judge finds good cause, you’ll receive an order extending the deadline. The order will specify the new date to file your final accounting.
Key Considerations
- File the petition well before the original deadline to avoid sanctions or removal as personal representative.
- Maintain clear records of all estate transactions during the extension period.
- If the court denies your request, you must file by the original deadline or risk contempt.
Helpful Hints
- Use clear, concise language in your petition. Judges appreciate straightforward explanations.
- Confirm local court rules—some counties require specific forms or cover sheets.
- Keep beneficiaries informed to reduce objections and speed court approval.
- If real estate is involved, ask your title company for estimated closing timelines to include in your petition.
- Consider consulting a probate attorney early if disputes arise or the estate is complex.