Illinois Order of Discharge

State:
Illinois
Control #:
IL-SKU-0076
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PDF
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Description

Order Of Discharge

An Illinois Order of Discharge is a legal document issued by the court system in the state of Illinois that releases an individual from their legal responsibilities to a creditor or other party. This document legally releases an individual from any debts or other liabilities that they owe. There are two main types of Illinois Order of Discharge: Voluntary (or Chapter 7) and Involuntary (or Chapter 13). A Voluntary Order of Discharge is issued when an individual has completed their repayment plan or bankruptcy proceedings and is released from their debts. An Involuntary Order of Discharge is issued when a creditor has taken legal action against the individual and a court has determined that the individual has no ability to pay the debt. In both cases, the Order of Discharge relieves the individual of their debts and liabilities.

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FAQ

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.

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.

If the decedent dies without a Will, a Petition for Letters of Administration is filed. In this Petition a close family member or friend asks the court's permission to serve as the Administrator of the estate. The court will generally appoint this person as the estate's Administrator.

Illinois probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.

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.

Steps to Create a Will in Illinois Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses.

If a person dies leaving a valid will, and the will names a person who is to execute the will and administer the estate, this person is called an executor. However, when the person in charge of administering the estate is not named in a will, that person is called an administrator.

Rates might vary from $10 an hour up to $50 an hour or more.

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Illinois Order of Discharge