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In Illinois, executors who are tasked with administering an estate must begin the process by petitioning the probate court in the county where the decedent resided for a letter of testamentary, or a letter of administration.
The timeline for this process can vary greatly, typically ranging from several months to over a year, depending on factors such as the size and complexity of the estate, the clarity of the will, and whether or not the probate process is contested.
Letters testamentary are granted to an individual if they have been named executor in the decedent's will. Letters of administration, however, are given to an administrator appointed by the probate court if the decedent died intestate, or without a valid will. Both documents grant the same powers to the holder.
If the decedent dies without a Will, a Petition for Letters of Administration is filed. In this Petition a close family member or friend asks the court's permission to serve as the Administrator of the estate. The court will generally appoint this person as the estate's Administrator.
The petition shall state, if known: (a) the name and place of residence of the decedent at the time of his death; (b) the date and place of death; (c) the approximate value of the decedent's real and personal estate in this State; (d) the names and post office addresses of all heirs of the decedent and whether any of ...