Illinois Probate Forms - Executor Of Estate Form

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Illinois Probate Forms FAQ Illinois Probate Court Forms

What is probate? 

When a person dies, their assets are distributed in the probate process. Probate is a general term for the entire process of administration of estates of deceased persons, including those without wills, with court supervision. If a person dies with a will, a petition to probate the will is filed with the probate court in the county where the deceased resided at the time of death, asking for letters testamentary to be issued, giving the executor authority to handle the estate affairs. If a person dies with a valid will, an executor is named to handle the distribution of the estate. If the person dies without a valid will, the court appoints an administrator to distribute the decedent's assets according to the state's laws of intestacy. The court will issue letters of administration, also called letters testamentary, to the administrator, giving the authority to handle the affairs of the deceased. An heirship affidavit may also be used to conduct estate affairs when a small estate is involved. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process.

What are the duties of an executor? 

The executor's obligations are generally to: a. Safeguard the property and assets of the estate; b. Inventory (or make a list of) the property; c. Submit accounts or inventories to the court as required (these could be waived); d. Pay the debts and expenses of the deceased (such as funeral and burial expenses, medical expenses, and credit card bills); e. Pay any federal or state death taxes, if any; and f. Distribute the estate to those named in the will or, if no will exists, to your heirs as designated by statute.

How can probate be avoided? 

All property of a decedent may not be subject to the probate process. Some assets, such as insurance policies or cd’s may name a beneficiary or pass automatically to a surviving joint owner outside the probate estate of the will. Assets held in trust, or in an account or policy with an insurer or financial institution with a named beneficiary, typically pass outside the probate process. Such assets go to the named beneficiary outside the probate process. If it is a survivorship account, or transfer on death account, it passes outside the probate process. Property held in trust is distributed according to the terms of the trust. It is possible to write a "pourover" clause in a will, so that property "pours over" into the trust, which is exempted from probate. The involvement of the court to transfer such property is not required. A bank account or motor vehicle title may also specify a death beneficiary and thus be exempt from the probate process.

Tips for Preparing Illinois Probate Forms

  1. Start probate. Before you start preparing Illinois Probate Forms, verify that you're eligible to become an estate executor. In situations where a deceased person didn't name an executor, the court may assign one. To begin with the process, you need to submit a petition for probate, a legitimate will, and also the death certificate to the court.
  2. Get details. Acquire and look at the details you have to use to submit the Illinois Probate Forms correctly, get ready probate paperwork, then present them to the legal court. The procedure may require retirement and bank accounts and stocks and shares, property like a home, and personal belongings as collections and other valuable items.
  3. Handle financial obligations and fees, and bills. Make sure that the resources you dispose of can cover all obligations, rents, and expenses. Otherwise, the court will prioritize claims of loan companies. Plus, you're responsible for filing an income tax return and paying out taxes.
  4. Distribute assets. When you're accomplished paying out financial obligations, you are able to start working on the next phase. The rest of the property is divided between the beneficiaries (brothers and sisters, parents, spouse and next of kin) or according to the will.
  5. Close real estate. Gather receipts and data, and other probate documentation during the entire process and then send them to validate that you settled an estate and finished the Illinois Probate Forms as outlined by federal and state specifications.

What is a Small Estate Affidavit?

A Small Estate Affidavit is a legal document that can help handle the estate of a deceased person in a simple and quick way, especially when the estate's value is under a certain amount. In Illinois, this affidavit allows the family or beneficiaries to collect any assets or property left by the deceased person without going through a lengthy probate process. By completing this document and presenting it to the court, the assets can be easily transferred to the rightful individuals, making the settlement process less burdensome and time-consuming.


What is Considered a “Small Estate”?

In Illinois, a “small estate” refers to an estate that is considered relatively small in value. Specifically, it means that the total value of the deceased person's assets, such as bank accounts, property, and personal belongings, is less than $100,000. When someone passes away with a small estate, their loved ones can go through a simplified legal process called a Small Estate Affidavit. This allows them to collect and distribute the assets without needing to go through a full probate process, which can be time-consuming and costly. However, it is important to note that certain assets, such as real estate, may not be eligible for this simplified procedure, and it is advisable to consult an attorney for guidance when dealing with an estate, regardless of its size.


Small Estate Requirements by States

Small estate requirements vary by state and determine how the assets of a deceased person can be distributed without going through a lengthy probate process. In Illinois, if the total value of the estate is $100,000 or less, it may qualify as a small estate. This means that the estate can be settled through a simplified process called a "small estate affidavit." This affidavit, which is a legal document, allows the rightful heirs or beneficiaries to claim the assets without needing to go to court. It is a simpler and less expensive option for smaller estates, making things easier for the family left behind.


How to Use a Small Estate Affidavit

To use a Small Estate Affidavit in Illinois, you need to follow a few simple steps. First, determine if the estate qualifies as small by making sure the total value of the assets does not exceed $100,000. Next, locate the necessary forms, such as the Small Estate Affidavit and the death certificate of the deceased person. Fill out the affidavit with accurate information about the deceased, their assets, and their debts. Then, sign the affidavit in the presence of a notary public. Finally, submit the completed affidavit along with the death certificate to the probate court in the county where the deceased person lived. By following these steps, you can use a Small Estate Affidavit to handle the estate in a simple and efficient manner.


Affidavit of Heirship vs. Small Estate Affidavit

An affidavit of warship and a small estate affidavit are two documents used in Illinois to handle the distribution of property when someone passes away. Let me explain what they are in simpler terms. An affidavit of warship is a legal document that identifies the legal heirs of a deceased person. It is usually used when the person who passed away did not have a will. By presenting this document, the heirs can prove their rights to the deceased person's property. On the other hand, a small estate affidavit is used when the value of the deceased person's estate is relatively low, generally below a certain threshold, which can vary depending on the state. This document allows the heirs to bypass the more complex probate process and distribute the assets without going to court. So, to sum it up, an affidavit of warship is used to establish who the legal heirs are, while a small estate affidavit is a way to distribute a small-value estate without the need for a lengthy probate process. These documents can simplify the process of handling someone's property after they pass away in Illinois.