A family allowance is a portion of a decedents estate that is set aside for certain family members regardless of what the will says.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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28-11. Closing the estate. (a) An independent representative is accountable to all interested persons for his administration and distribution of the estate but need not present an account to the court unless an interested person requests court accounting as in supervised administration.
A disclaimer by a representative of a decedent or ward may be made without leave of court if a will or other instrument signed by the decedent or ward designating the representative specifically authorizes the representative to disclaim without court approval.
The executor immediately must publish a written notice in a newspaper within the county of the Probate Court to notify potential creditors of the existence of the estate and the necessity for their filing of written claims against the estate. The law in Illinois provides such creditors six months to file those claims.
The Estate Settlement Timeline: While there is no specific deadline for this in Illinois law, it is generally best to do so within a month to prevent unnecessary delays in the probate process.
In Illinois, an estate is its own separate legal entity and the courts have consistently held that only a licensed attorney can represent an estate in court. We've been in court on numerous occasions where a person will attempt to open an estate on their own, without an attorney, and the judges have refused to do so.
Illinois law provides that all claims must be in writing. The written document must notify the administrator or executor of the estate as to the nature of the claim and the amount of money that the claimant is seeking.
A claim against the probate estate can either be filed with the court or mailed to the representative of the estate. Once the representative receives notice of the claim, he or she can either allow the claim or send a notice to the claimant informing them that they are ?disallowing? the claim.
