Do I Need an Executor of the Estate if I Have a Will?

 Posted on October 15, 2026 in Estate Planning

An executor is the person who carries out the instructions in your will after you die. Having a will doesn’t replace the need for one if probate is required. Without a named executor, and if probate is necessary, a will can tell the court what you wanted, but the court will have to appoint someone to carry it out. Even if you have arranged things to avoid probate, it’s advisable to have an executor named.

A Barrington, IL wills and trusts attorney can help you decide what your estate plan needs in 2026.

What Does an Estate Executor Do in Illinois?

An executor manages your estate through probate, the court process that settles a person’s affairs after death. Once the court approves them, the executor receives letters of office. These give them legal power to act for the estate. Their job may include:

• Filing your will and asking the court to open the estate
• Notifying heirs and people named in the will
• Collecting and listing your assets
• Paying valid debts, final bills, and taxes
• Distributing what’s left to your beneficiaries

Under 755 ILCS 5/6-3, a person named as executor has 30 days after learning they are named in the will of someone who has died to start probate or decline the responsibility. If they decline or wait too long, the court may appoint someone else.

What Happens if My Illinois Will Doesn’t Name an Executor?

If no executor is named in a will, a court may appoint someone to handle the estate instead. This is usually a family member or a beneficiary who asks for the role.

If you want to have control over who carries out your wishes post-mortem, it’s important to name your own executor and confirm with them that they are willing to do it. Naming an executor proactively lets you pick someone you trust. It’s also a good idea to name a backup, in case your first choice dies first, is unavailable (i.e., lives far away), or doesn’t want the job.

Does Every Illinois Estate Have to Go Through Probate?

Not every estate with a will needs a full probate case. Illinois allows smaller estates to skip it with a small estate affidavit (755 ILCS 5/25-1).

Assets placed in living trusts or payable on death accounts can also avoid probate in most cases. Other common ways to avoid probate include:

• Naming beneficiaries on retirement accounts and life insurance
• Adding payable-on-death or transfer-on-death designations to bank and investment accounts
• Owning property jointly with right of survivorship
• Using a transfer-on-death instrument for Illinois real estate

For small estates, personal property passing through the estate worth $150,000 or less, not counting registered vehicles, can avoid probate under this law. No executor is appointed in this case. The affidavit only covers personal property, though, such as bank accounts and belongings. Real estate titled in your name alone usually can’t pass this way.

Do I Need an Executor if My Estate Is Set Up to Avoid Probate?

If you’ve planned for avoiding probate, your executor may not need to do very much. However, it’s still wise to name one. The above tools only work for assets that are properly titled or designated, and it’s common for something to be overlooked. You will also need to name a successor trustee to manage and distribute your assets if they are held in a trust.

Naming an executor allows you to choose who you want to manage your estate if overlooked assets require probate. However, the court must still approve that person's appointment. Even when no probate is needed, Illinois law still requires whoever has your will to file it with the clerk of the circuit court after your death (755 ILCS 5/6-1).

Call a Barrington, IL Estate Law Attorney Today

Whether you have a simple will or a full trust-based plan, it’s worth checking that the right people are named and your assets are titled correctly.

Our Barrington, IL will and trust lawyers can review your current documents and help you name an executor, a trustee, or both. Attorney Joseph Lucas has practiced law in Illinois for over 35 years. He is a skilled trial lawyer and effective negotiator.

Call Lucas Law at 847-381-8700 to get started today.