Letters of Office cannot be obtained without first opening a probate estate. The Letters of Office document will have a raised seal and will be signed by the Clerk of Court. In Cook County, it will be on yellow colored paper and costs $4 each.
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.
In the event a person passes away without leaving a will, the family members of the deceased or any person interested in the estate can apply for the Grant of Letters of Administration from the High Court to administer the said estate.
These official court documents give the appointed executor or administrator the right to manage the estate's assets and liabilities. Obtaining these letters can take two to three months after initiating probate.
Contact & Zoom Information The Office of the Clerk of the Circuit Court – Probate Division. Richard J. Daley Center, Rm. 1202. (312) 603-6441. The Office of the Presiding Judge – Probate Division. Hon. Judge Daniel B. Malone. (312) 603-7546.
You may request a certified copy of a will that was filed with the Probate Division by writing us or visiting our office. To expedite this request, it would be helpful to provide either the Probate case number or the name of the decedent and the date/year of death (if this information is available).
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.
Summary: How Long Do You Have to Transfer Property After Death? The short answer to this question is – it depends. As discussed earlier, if the property needs to go through the probate process, it can take 9 months to a year before the executor can sell or transfer it.
While this is a general framework, the Illinois probate process can take six months to two years or even longer.
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.