Updated September 7, 2026. Quick answer: In Illinois, illinois requires bond by default for every individual representative (executor or administrator) before undertaking their duties (755 ILCS 5/12-2(a)); Illinois’s code has no UPC-style informal/formal distinction, and choosing independent (unsupervised) administration under Article XXVIII does not itself remove the bond requirement.
Illinois executor bond: what the statute says
Each line is a short extract quoted from the statute cited; the section has the exceptions.
- When a bond is required. 755 ILCS 5/12-2(a): “Except as provided in subsection (b), before undertaking the representative’s duties, every individual representative shall take and file an oath or affirmation that the individual will faithfully discharge the duties of the office of the representative according to law and shall file in and have approved by the court a bond binding the individual representative so to do.”
- Waiver. 755 ILCS 5/12-4(a): “Except as provided in paragraph (c) of Section 6-13 with respect to a nonresident executor, no security is required of a person who is excused by the will from giving bond or security and no greater security than is specified by the will is required…” “…unless in either case the court, from its own knowledge or the suggestion of any interested person, has cause to suspect the representative of fraud or incompetence or believes that the estate of the decedent will not be sufficient to discharge all the claims against the estate…”
- Amount. 755 ILCS 5/12-5(a): “The bond of a representative shall be for an amount not less than double the value of the personal estate if individuals act as sureties or if bond or security is excused, and not less than 1 1/2 times the value of the personal estate if a surety company acts as surety.”
- Surety and cost. 755 ILCS 5/12-5(a): “The bond of a representative shall be for an amount not less than double the value of the personal estate if individuals act as sureties or if bond or security is excused, and not less than 1 1/2 times the value of the personal estate if a surety company acts as surety.”
For the rest of the process and its fees, see Illinois probate cost.
Does Illinois require an executor to post a bond?
Illinois requires bond by default for every individual representative (executor or administrator) before undertaking their duties (755 ILCS 5/12-2(a)); Illinois’s code has no UPC-style informal/formal distinction, and choosing independent (unsupervised) administration under Article XXVIII does not itself remove the bond requirement.
“before undertaking the representative’s duties, every individual representative shall take and file an oath or affirmation…and shall file in and have approved by the court a bond binding the individual representative so to do.”
Source: 755 ILCS 5/12-2; 755 ILCS 5/12-4
Can the will waive it in Illinois?
Yes. 755 ILCS 5/12-4(a) excuses security for a person ‘excused by the will from giving bond or security’ (and caps security at whatever amount the will specifies), unless the court has cause to suspect fraud/incompetence or believes the estate is insufficient to cover claims.
If a DIY will is the right route for you in Illinois
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Can the heirs or beneficiaries waive it in Illinois?
No. The waiver mechanism found in the sections fetched (5/12-2, 5/12-4) runs through the will’s terms, not through heir or beneficiary consent; no heir-waiver provision was located in this article.
If a bond is required, how much?
When a bond is required, Illinois sets it at no less than 200% of the value of the personal estate if individuals act as sureties (or if bond or security is excused), and no less than 150% if a surety company acts as surety, per its own bond-amount statute.
“not less than double the value of the personal estate if individuals act as sureties or if bond or security is excused, and not less than 1 1/2 times the value of the personal estate if a surety company acts as surety”
Source: 755 ILCS 5/12-5
What makes Illinois different
Illinois keeps the bond/no-bond decision purely a function of the will’s language regardless of whether the estate proceeds under supervised or independent administration, unlike UPC states where the informal/unsupervised track itself defaults to no bond.
A note on sourcing: Justia returned HTTP 403 to automated fetch this session; FindLaw (quoting the Probate Act of 1975 text verbatim with citation) was used, and the Illinois General Assembly’s own ilga.gov site was not separately attempted this session.
| Bond-requirement source | 755 ILCS 5/12-2; 755 ILCS 5/12-4 |
| Illinois courts (general reference) | Illinois judicial branch |
| Illinois Secretary of State / legislature | Illinois state government |
| Confidence | Medium |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in Illinois.