Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Detailed Answer
When a person dies and no probate case exists, Illinois law generally requires you to open a new estate proceeding—either formal probate or an informal small‐estate process—so you can collect assets, pay debts and distribute property. Below is an overview of the steps under Illinois law.
- Determine Whether a Small Estate Affidavit Applies
If the decedent died more than 30 days ago, owned less than $100,000 in personal property (no real estate) and you only need to collect personal assets, you may use the Small Estate Affidavit under 755 ILCS 5/21-1. 755 ILCS 5/21-1. - Identify Proper Venue
If the estate exceeds the small‐estate limit or includes real property, file a petition in the circuit court of the county where the decedent was domiciled at death. See 755 ILCS 5/2-1 for venue rules. - Gather Required Documents
- Certified copy of the death certificate
- Original will, if one exists
- List of known heirs or beneficiaries and their contact information
- Preliminary inventory of assets and known debts
- Prepare and File Your Petition
Use the Illinois Supreme Court Probate Forms to file either:- A Petition for Probate of Will and for Letters of Office (if there is a will).
- A Petition for Letters of Administration (if there is no will).
Submit the original will (if any), your petition, and pay the filing fee at the clerk’s office.
- Provide Notice
After you file, the court will set a hearing date and require notice to interested parties:- Published notice to creditors in a local newspaper per 755 ILCS 5/18-3.
- Direct notice to known heirs and beneficiaries.
- Attend the Hearing and Obtain Letters of Office
At your hearing, the judge will review your petition, confirm notice requirements and appoint a personal representative. The court issues Letters of Office, authorizing you to act on behalf of the estate. - Administer the Estate
Use your Letters of Office to collect assets, pay valid creditor claims, file income tax returns and distribute the remaining property according to the will or Illinois intestacy rules (755 ILCS 5/2-1 et seq.).
Helpful Hints
- Start early: Obtain the death certificate promptly from the county registrar.
- Check small‐estate limits: Using a small estate affidavit can avoid formal probate.
- Use official forms: Download Illinois Supreme Court Probate Forms online to reduce errors.
- Keep records: Track all filings, notices and expenses for court review.
- Confirm deadlines: Illinois requires creditor notices within specific timeframes to limit liability.