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It does not depend on whether or not there is a valid will. Generally, a formal probate court proceeding is necessary in Illinois only if: there are assets that the deceased person owned solely (not jointly), and. all of the probate assets, together, are worth more than $100,000.
In Illinois, a probate lawyer is required for all formal probate proceedings, and an experienced Illinois probate attorney can provide invaluable assistance with the probate process. However, for small estates, an attorney is optional, although it is generally advisable to seek counsel.
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.
How is Probate Started in Illinois? Filing a Will with The County Clerk. ... Filing a Petition to Open a Probate Estate in Illinois. ... What Documents are Needed to Start a Probate Estate in Illinois? ... Petitions for Letters of Office Explained. ... Oath and Bond of Representative. ... Affidavit of Heirship. ... Order Declaring Heirship.
This is usually done by the executor named in the will ? sometimes known as the decedent's personal representative. The filing also includes a petition to initiate probate proceedings and to have the court recognize the executor's authority.
Deadline to file a Petition for Letters of Administration: 30 days after death. Letters of Administration are granted by an Illinois probate court to determine the person who will administer the estate of someone who dies without a will.
If the total value of the decedent's estate is less than $100,000 and does not contain any real estate assets, a formal probate process is not required. Instead, those beneficiaries who stand to inherit the decedent's assets can submit an affidavit (sworn statement) to claim their inheritance.