When a person dies in Illinois, anyone who has a claim against a decedent's estate —whether it is a contract, tort, or statutory custodial claim—may file that claim with the estate representative or with the court.
An interested person, usually a family member, files a petition with. the Probate Court asking that an "administrator" be appointed, that the Court determine the heirs, and that an estate be opened. Notice of the presentation of that petition and the hearing must be given in writing to close relatives.
When a person dies in Illinois, anyone who has a claim against a decedent's estate —whether it is a contract, tort, or statutory custodial claim—may file that claim with the estate representative or with the court.
In this article... In the state of Illinois, a strict statute of limitations governs the filing period for claims against an estate in probate court. Creditors have exactly two years from the date of death to file their claim.
The Petition for Letters of Office is the proposed representative's (called the “petitioner”) formal request that the court appoint him or her as representative of the decedent's estate. It is generally the first step in the formal probate process in Illinois.
Executor of an Estate Following the filing of the Will, any person may file a written petition asking the Court to admit the Will to probate, to name an "executor" of the estate, to determine the heirs of the decedent, and to formally open the probate estate.