Can a Non-Resident Executor File a Will for Probate?
Full Question:
Answer:
Yes, a non-relative may be apponted as an executor in a will and a non-resident executor may file for probate in Illinois. Please see the Illinois statutes below to determine applicability:
755 ILCS 5/22-1 (from Ch. 110 1/2, par. 22-1)
Sec. 22-1. Power to collect and remove personal estate.) A
representative to whom letters are issued on the estate of a
nonresident decedent or ward by a court of competent
jurisdiction of any other state, territory, country or the
District of Columbia may collect and receive any personal
estate in this State of the decedent or ward and remove it to
the jurisdiction in which his letters are issued upon
delivering to the person or corporation indebted to or
holding the personal estate of the decedent or ward, the
following: (a) an affidavit by the representative that to his
knowledge no letters, which have been issued upon the
petition of an heir, legatee or creditor of the decedent or
kindred of the ward, are then outstanding on the estate in
this State, no petition for letters by an heir, legatee or
creditor of the decedent or kindred of the ward is pending on
the estate in this State, and there are no creditors of the
estate in this State, and (b) a copy of his letters certified
within 60 days before the date of presentation. Upon payment
or delivery of the assets, after receipt of the affidavit and
certified copy, the person or corporation is released to the
same extent as if the payment or delivery had been made to a
legally qualified resident representative and is not required
to see to the application or disposition of the property; but
no payment or delivery may be made sooner than 30 days after
decedent's death.
755 ILCS 5/22-2 (from Ch. 110 1/2, par. 22-2)
Sec. 22-2. Transfer of estate of nonresident ward to
nonresident representative when letters issued in this
State.) If it appears to the court of this State which has
appointed a representative of the estate of a nonresident
ward that the removal of the ward's estate will not conflict
with the interest of the ward, the terms of limitations
attending the right by which the ward owns the estate or the
rights of creditors, the court may order the resident
representative to pay and deliver to the nonresident
representative the whole or any part of the ward's estate.
The order may be entered only upon petition of the
nonresident representative and the production of a copy of
his letters authenticated within 60 days before the date of
presentation. Unless excused by the court for good cause
shown, 10 days' notice of the hearing on the petition shall
be given to the resident representative.
Sec. 22-3. Right to sue.) If no letters are issued in this
State upon the estate of a nonresident decedent or ward, a
representative to whom letters are issued on the estate by a
court of competent jurisdiction of any other state,
territory, country or the District of Columbia may sue in
this State in any case in which a resident representative may
sue. The court in which the suit is filed may order the
nonresident representative to give bond for costs as in case
of other nonresidents.
755 ILCS 5/22-5 (from Ch. 110 1/2, par. 22-5)
Sec. 22-5. Letters issued in this State.) If after any
proceedings are commenced by a nonresident representative
under Section 22-3 or 22-4, letters are issued on the estate
of the decedent or ward in this State, on motion the resident
representative shall be substituted as petitioner in the
proceedings, which shall be heard and determined as if
originally instituted by the resident representative and the
benefits of the judgment or order shall inure to him and are
assets in his hands.
755 ILCS 5/22-6 (from Ch. 110 1/2, par. 22-6)
Sec. 22-6. Deed by foreign executor under will.) A deed
executed under the power vested in a representative to whom
letters of office were issued by any court of competent
jurisdiction in any other state of the United States or the
District of Columbia under a foreign will admitted to probate
in that jurisdiction is evidence of title in the grantee to
the same extent as was vested in the testator at the time of
his death, if the will is admitted to probate in the court of
the proper county in this State before delivery of the deed,
unless letters of office on the estate of the decedent have
been issued in this State and remain unrevoked.