The Role of Representative in Illinois Probate
A personal representative is the individual who handles the matters of an estate as it makes its way through the probate process. If there is a will, the personal representative is the executor. If there is no will, the personal representative is the administrator.
The personal representative has specific powers even before the Probate Court issues his Letters of Office. He can carry out any gift the decedent has made of his body; arrange the burial of the decedent; make payment of funeral charges; and take acts necessary to preserve the estate.
After his Letters of Office are issued, the representative can exercise all powers given to him in the will. In addition, the representative can lease, sell or mortgage the estate’s property; borrow money with or without security; continue the decedent’s unincorporated business; perform any contract of the decedent; and take possession, administer and grant possession of the decedent’s real estate.
For a complete list of powers of a representative, check out 755 ILCS 5/, which is the Illinois Probate Act.
If you have been named as a representative for an estate and have a question, give us a call. We’d be glad to help.
