Illinois Sample Letter for Petition
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How to fill out Sample Letter For Petition?
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FAQ
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.
Once granted, letters testamentary allow executors to collect any of a decedent's assets that are being held by another person or a bank. The executor can then move on to carrying out other duties, including appraising and inventorying assets, paying off debts, and transferring property to named beneficiaries.
The petition must be filed with the court in the proper county, and it must state: The name and place of the decedent's residence at the time of his or her death; The date and place of the decedent's death; The date of the will and the fact that the petitioner believes the will to be the decedent's last valid will;
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.
Once the Executor or Administrator is appointed, the court orders the circuit clerk to issue the Letters of Office. The court will also issue an order naming all of the decedent's heirs. Within 14 days after the Letters of Office are issued, a Notice to Heirs and Legatees must be sent to all known heirs.
The petition shall state, if known: (a) the name and place of residence of the decedent at the time of his death; (b) the date and place of death; (c) the approximate value of the decedent's real and personal estate in this State; (d) the names and post office addresses of all heirs of the decedent and whether any of ...
To qualify for summary administration, the estate must meet these requirements: The value of the estate is $100,000 or less. All claims against the estate (such as debts) are either paid or listed in the petition. No federal estate tax or Illinois estate tax is owed, or all such taxes have been paid or provided for.
The timeline for this process can vary greatly, typically ranging from several months to over a year, depending on factors such as the size and complexity of the estate, the clarity of the will, and whether or not the probate process is contested.
