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The list of heirship is as follows: If the decedent has a surviving spouse and surviving children, then the spouse gets half of the estate and the surviving children take the other half of the estate.
If the decedent dies without a Will, a Petition for Letters of Administration is filed. In this Petition a close family member or friend asks the court's permission to serve as the Administrator of the estate. The court will generally appoint this person as the estate's Administrator.
A Letter of Testamentary?sometimes called a "Letter of Administration" or "Letter of Representation"?is a document granted by a local court. The document simply states that you are the legal executor for a particular estate and that you have the ability to act as such.
The Petition for Letters of Office asks the court to appoint a certain individual, called an Executor, to manage decedent's estate as identified in the Will. If the decedent dies without a Will, a Petition for Letters of Administration is filed.
Letters testamentary show the name of the deceased and the date of death, the names of the executor and the judge or clerk, and the date letters were posted.
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.
Testamentary capacity is the mental ability of a person to make or alter a will. To execute a valid will in Illinois, testators must be at least 18 years old and of sound mind and memory.