The Illinois Petition for Letters of Administration is a legal document used when an individual dies without leaving a will. This document is filed with the local probate court by the surviving spouse, children, or other close relative of the deceased. It is used to appoint someone as the personal representative of the estate and to grant them the authority to manage the assets of the deceased. There are two types of Illinois Petition for Letters of Administration: Regular and Formal Administration. Regular Administration is used when the estate is not complicated and the assets are of a modest value. Formal Administration is used when the estate is more complicated or the value of the assets is high.
Illinois Petition For Letters Of administration
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Petition For Letters Of administration
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Once the original will has been filed, the executor named in the decedent's will is responsible for filing a petition to probate the will within 30 days, or refusing to accept their position as executor. If they fail to act within 30 days, the court may deny them the right to act as executor.
Deadline to close the estate: 14 months from the date the will is admitted to probate. If the estate remains open after 14 months, the court will expect the representative to account or report to the court to explain why the estate needs to remain open.
Closing of an Illinois Probate Estate The executor must file a final accounting with the court showing how estate assets were handled. The accounting will list the assets, possible income the estate generated, the amount paid for any debts or other expenses, and the distributions made to beneficiaries.
Deadline to close the estate: 14 months from the date the will is admitted to probate. If the estate remains open after 14 months, the court will expect the representative to account or report to the court to explain why the estate needs to remain open.
A Petition for Letters of Administration is used when a person has died without a will, and a close family member or friend is asking the court's permission to serve as the personal representative of the estate.
An independent administration means that the Illinois probate court will just review the opening and closing of the estate, but will not generally get involved in the administration of the estate in between.
FORM OF PETITION TO TERMINATE ADMINISTRATION Under section 28-4 of the Probate Act of 1975 (Illinois Compiled Statues 1991 755 ILCS 5/28-4) any interested person may petition the court to terminate Independent Administration at any time by mailing or delivering a petition to terminate to the clerk of the court.
Petitioning the Court 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.