At What Age Should You Put Your Children in Charge of Your Estate?

If you are a parent, you know just how vital estate planning is for your family. Parents who pass away without a will and other estate planning documents leave personal decisions about property and healthcare up to their children. When parents die intestate, which means without a valid will, the children and other family members are essentially forced to guess what the parents’ final wishes would have been. This can be an enormous burden to bear during an already difficult time.

Creating a comprehensive estate plan and sharing your wishes with your children is crucial. You may also wish to make your child the executor of your estate. But when is the right time to share your estate plans with your children or put them in charge of your wishes? How do you know when a child is mature enough to handle this important responsibility? If you are setting up or adjusting an estate plan in 2026, Illinois law sets a minimum age for executors, but readiness involves much more than just meeting the legal requirements. Our Naperville, IL estate planning attorney can give you more information.

What Does an Executor Do in Illinois?

The executor of an estate is in charge of administering the estate, carrying out the deceased person’s wishes, following probate laws, and settling final affairs. The executor has many duties, including:

• Filing the will with the DuPage County Circuit Court
• Valuing assets
• Totaling debts
• Distributing assets according to the will

It is usually a good idea for the executor to open a bank account for the estate, which is used to pay the deceased person’s bills and ensure money is handled correctly. The executor will be given special authority to work with banks and other financial institutions to distribute the deceased person’s assets to heirs. Under the Illinois Probate Act of 1975, executors have a fiduciary duty to act in the best interests of the estate and all beneficiaries.

What Are the Legal Requirements for an Executor in Illinois?

In Illinois, an executor must be at least 18 years old and legally capable of carrying out the duties of the role. The executor cannot be of unsound mind and cannot have certain felony convictions that would prevent them from managing estate affairs. Illinois law does not require an executor to live in the state, but a non-resident executor may be required to appoint an Illinois resident as an agent for service of process during probate.

These basic requirements set by Illinois statute ensure that executors have the legal capacity to manage estate affairs. However, meeting these minimum standards does not automatically mean someone is the right choice for your family. Naperville parents should consider maturity, responsibility, and availability when selecting an executor, not just whether their child meets the age requirement.

How Do You Know If Your Child Is Ready to Be Your Executor?

Being the executor of a deceased person’s estate is a major obligation that requires time, attention, and sound judgment. Age alone does not determine readiness. Some people in their twenties demonstrate exceptional responsibility and organizational skills, while others may not be ready even in their thirties or forties.

If you are unsure of whether your children are ready to be assigned this particular task, ask yourself the following questions:

• Does your child know how to handle financial and legal issues?
• Has your child demonstrated financial responsibility in his or her own life?
• How does your child cope with conflict and disagreements with siblings or other family members?
• Do your child’s work schedule and family responsibilities allow him or her time to handle executor duties?
• Does your child have any disabilities, addictions, or personal problems that could impede his or her ability to manage your estate?
• Is your child willing to serve as executor, or would this responsibility create stress or hardship?

A child who has managed their own finances well, handled challenging situations calmly, and shown reliability in other areas of life is more likely to succeed as an executor. You should also consider whether your child lives in Illinois or nearby, as handling estate matters from another state can be challenging and complicated. 

Which Child Should Be My Executor?

If you have more than one child, you may be torn as to which child should be the executor. Some people choose to name one of their children as the executor while others decide to name multiple children as co-executors. If you decide to name more than one executor, you will need to make sure they can cooperate and make decisions unanimously. Co-executors must agree on every decision, which can slow down the probate process if siblings disagree.

When choosing which child should serve as executor, consider who has the strongest combination of financial knowledge, availability, organizational skills, and emotional stability. You might also think about which child lives closest to Naperville or DuPage County. They will need to go to court hearings, meet with attorneys, and visit local banks. Birth order does not matter under Illinois law. The most responsible child – not necessarily the oldest – often makes the best executor.

Can You Change Your Executor Later?

You can update your will at any time to name a different executor. Life circumstances change, and the child who seemed like the right choice 10 years ago may no longer be the best option today. Maybe your oldest child moved across the country, or your younger child developed strong financial skills through their career.

Illinois law allows you to revise your estate plan as often as needed. Naperville parents should review their estate plans every few years and after major life events like marriages, divorces, births, or deaths in the family.

Contact a Naperville Estate Planning Attorney

Our skilled DuPage County estate planning lawyer at Gierach Law Firm is here to help you with all of your estate planning questions and concerns. We provide legal guidance regarding wills, trusts, living wills, powers of attorney, and more.

With over 30 years of experience, we can help you decide which child should be your executor and create a comprehensive plan that protects your family. Call us today for a consultation at 630-756-1160.