The Illinois Petition To Convert To Independent Administration is a legal document used to convert an estate from court-supervised administration to independent administration. This document is typically used when a qualified executor is appointed to administer an estate, and the court allows the executor to do so without court supervision. The petition must be signed by the executor or the attorney representing the executor, and must be filed with the appropriate court. The different types of Illinois Petition To Convert To Independent Administration vary depending on the county in which the petition is filed. Generally, the petition must include the decedent’s name, date of death, a list of the decedent’s assets and liabilities, and a statement of the executor’s qualifications to serve as an independent administrator. Other forms may include a certificate of good standing from the executor’s county bar association. Once filed, the court will review the petition and issue an order granting or denying the petition. If the petition is granted, the executor is authorized to manage the estate without court supervision.
Illinois Petition To Convert To Independent administration
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FAQ
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.
What is the Difference Between an Executor and an Administrator in Illinois? An Executor is the individual named in a Will to serve as the representative of the Estate. An Administrator is an interested party to an estate who petitions the Probate Court to serve as the Estate representative in the absence of a Will.
The difference is the way in which they have been appointed. An Executor is nominated within the Will of a deceased person. If there is no Will, an Administrator is appointed by a Court to manage or administer a decedent's estate.
This means that the executor or administrator will not have to obtain court orders or file estate documents in court during probate. The estate will be administered without court supervision, unless an interested person asks the court to become involved.
For example, an independent administrator can pay debts, sell assets, and transfer title to estate property without court permission. The independent administrator must, in most Illinois probate courts, retain an Illinois probate attorney to represent them in the administration process.
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.
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.