Illinois Petition For Probate Of Will and Letters Testamentary is a legal document that is filed with the court by an executor or administrator of an estate, to request that the court grant the executor or administrator the right to administer the estate. The petition is used to prove that the deceased had a valid will, that the executor is qualified to serve, and that the executor has the right to administer the estate according to the terms of the will. There are several types of Illinois Petition For Probate Of Will and Letters Testamentary, including: Uncontested Will Petition, Contested Will Petition, Summary Administration Petition, and Small Estate Affidavit Petition. Each type of petition can be used to address different aspects of the estate administration process.
Illinois Petition For Probate Of Will and Letters Testamentary
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Can you submit a copy of a will to probate in Illinois? A paper or electronic copy of a will cannot be presented to a court in Illinois to initiate probate. But if ALL heirs and legatees are in agreeance about the legitimacy of a copy, the court may permit admission.
Letters testamentary show the name of the deceased and the date of death, the names of the executor and the judge or clerk, and the date letters were posted.
A Letter of Testamentary?sometimes called a "Letter of Administration" or "Letter of Representation"?is a document granted by a local court. The document simply states that you are the legal executor for a particular estate and that you have the ability to act as such.
A valid will must be filed, but it doesn't require a probate case. It can simply be filed at the courthouse, as a public record. Some property never goes into the estate. For example, real estate held in joint tenancy passes directly to the surviving joint tenants.
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.
A Letter of Testamentary is a document granted to the Executor of an estate by the probate court. This document gives the Executor the authority he or she will need to formally act on behalf of the decedent. It gives the right to handle financial and other affairs related to closing out the estate.
Probate is typically required in Illinois whenever an individual passes away with any real estate that is not owned by a trust or owned jointly with a living spouse or with more than $100,000.00 outside of a trust or accounts that are directly payable on death to a living beneficiary.