When you die without a will in Illinois, your estate will undergo the probate process. The probate court assigns an administrator, who is usually a family member, to manage the distribution of your assets.
Given the magnitude of the responsibilities and the intimacy of the role, you may want to name a close friend or relative as executor, someone who fully understands and respects your wishes, as well as those of your beneficiaries, and who might handle your sentimental heirlooms and other property more sensitively than ...
If one dies without a Will, he or she dies "Intestate." Since, there is no Will to file, there is no individual specifically identified as an executor. Nonetheless, the procedure is quite similar to that in a testate proceeding. An interested person, usually a family member, files a petition with.
Probate is just one way to settle an estate when someone dies. And it's not always required. Illinois law allows a different and simplified procedure for handling small estates. A small estate is one with no land and less than $100,000 in total assets.
Steps to Become the Administrator of an Estate Without a Will Determine Your Eligibility. File a Petition with the Probate Court. Notify Heirs and Interested Parties. Attend the Probate Hearing. Obtain Letters of Administration. Identifying and Inventorying Assets. Paying Debts and Taxes. Distributing Assets.
Steps to Become the Administrator of an Estate Without a Will Determine Your Eligibility. File a Petition with the Probate Court. Notify Heirs and Interested Parties. Attend the Probate Hearing. Obtain Letters of Administration. Identifying and Inventorying Assets. Paying Debts and Taxes. Distributing Assets.
The decedent's property is given to the decedent's heirs during a probate court case. A decedent's relatives also get part of the estate. If someone is married and has no children, everything goes to the surviving spouse. If there is a spouse and two children, the spouse gets half of the assets of the estate.
When there's no will, an estate administrator is appointed by the probate court in Illinois. Preference is often given to the deceased's spouse or adult children.
Who Gets What in Illinois? If you die with:here's what happens: spouse but no descendants spouse inherits everything spouse and descendants spouse inherits 1/2 of your intestate property descendants inherit 1/2 of your intestate property parents but no spouse, descendants, or siblings parents inherit everything3 more rows