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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.
The average cost of probate in Illinois is around $12,500, however, settling a simple estate without disputes can cost between $4,000 ? $6,000; although the cost varies depending on several factors, including: Size of the Estate/Total Assets. If the Deceased Left a Will. If Someone Contests the Will.
The statute of limitations for probate claims in Illinois provides that creditors have two years from the decedent's death to file a claim against the estate. However, the representative can shorten this period by providing notice to known and unknown creditors.
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.
This publication is designed to educate heirs on the workings of the Illinois probate process, but it is not intended to be a do-it-yourself guide and is not intended to be legal advice. All estates should have a lawyer, and those subject to formal probate must have a lawyer.
To start a probate case in Illinois, an interested person must file a petition with the Probate Court asking that an administrator be appointed, that the Court determine the heirs and that an estate be opened. Notice of the presentation of the petition and the hearing must then be provided to close relatives.