Illinois Petition for Letters of Administration is a formal legal document filed with the probate court in order to appoint a personal representative in the event that the deceased did not have a will. This document is filed when an individual has died and there is no will or other estate plan in place. The Petition will outline the relationship between the petitioner and the deceased, list the names of the decedent's heirs and other interested parties, and present evidence of the decedent's death. Depending on the circumstances, there are several types of Illinois Petitions for Letters of Administration. These include general letters of administration, letters of special administration, and letters of independent administration. In all cases, the Petition should be accompanied by the original death certificate, and the court may request additional information or documents.
Illinois Petition for Letters of administration
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How to fill out Illinois Petition For Letters Of Administration?
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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.
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.
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 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.
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.
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.
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.