Do I Need a Notarized Codicil to Change an Executor for a Small Estate in Illinois?

This question came from one of our users:

"Do I need to have a codicil to change an executor notarized if the estate will be less than $100,000 in Illinois?"

In Illinois, you do not need to have a codicil (a legal change to a will) notarized to change the executor. But there are some rules you need to follow.

How to Legally Change an Executor in Illinois

• The codicil must be signed by the person who made the will (the testator).

• It must be witnessed by two people who are not listed as beneficiaries in the will.

• A notary is not required, but having the codicil notarized can make it easier for the court to accept it.

Does the Size of the Estate Matter?

• No. Even if the estate is less than $100,000, you still need to follow the same rules to change the executor.

• However, if the estate is under $100,000 and has no real estate, Illinois allows something called a small estate affidavit, which might make probate unnecessary. If probate isn’t needed, changing the executor may not matter as much.

Best Practices

• Even though you don’t need a notary, it’s a good idea to have a lawyer check the codicil to make sure it’s done right.

• If you’re making a lot of changes, it may be better to write a new will instead of using a codicil.

Bottom Line

You don’t need a notary to change an executor with a codicil in Illinois, but the codicil must be signed and witnessed correctly. If the estate is less than $100,000, a small estate affidavit may be an option instead of probate.

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Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.