Illinois Petition For Letters of Administration is a legal document used to request the appointment of an administrator of an estate in the state of Illinois. The petition is filed with the probate court in the county where the deceased person's estate is located. The petition is typically filed by a close relative of the deceased person, such as a spouse, adult child, or sibling, and must include detailed information about the deceased person's assets, liabilities, and heirs. Depending on the circumstances, there are two types of Illinois Petition For Letters of Administration: 1) General Letters of Administration, and 2) Special Letters of Administration. General Letters of Administration is used when there is no will or when the will does not name an executor. Special Letters of Administration may be used when the will does name an executor, but they are unable or unwilling to act.
Illinois Petition For Letters of administration
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How to fill out Illinois Petition For Letters Of Administration?
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FAQ
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.
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.
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.
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.
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.
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.
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.
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.