Detailed Answer

This article explains, in plain language, how an interested person can formally challenge another person’s application for letters of administration in an Illinois probate court. This is educational information only and is not legal advice. For help tailored to your situation, consult a licensed Illinois attorney.

Who may challenge an application?

Under Illinois law, an “interested person” can challenge a proposed administrator. Interested persons commonly include the decedent’s surviving spouse, heirs (children, parents, siblings where applicable), legatees and creditors. If you have a legal stake in the estate’s administration, you likely have standing to object.

Common legal bases to object

• Priority: Illinois gives priority to certain people when appointing an administrator. If your sibling is not the person with priority, you can assert that someone else (for example, a surviving spouse) should receive the appointment.
• Qualifications: Administrators must meet statutory qualifications. You can object if the applicant is disqualified (for example, a convicted felon in some circumstances or a nonresident when local rules apply).
• Conflict of interest or misconduct: If the applicant has a demonstrated conflict, has committed wrongdoing, or would misuse estate assets, you can ask the court to deny letters or require special conditions (bond, supervision).
• Failure to follow procedure or give notice: If the applicant failed to follow statutory requirements or properly notify interested persons, you can object on procedural grounds.

Step-by-step: How to formally challenge an application

1. Confirm the filing and your interest. Find the probate case number and the exact paper filed with the circuit court (county court) where the decedent resided. Verify you qualify as an interested person (heir, spouse, creditor, legatee).
2. Act quickly. Time matters. If you wait until after the court appoints someone and the appointee has already taken action, it may be harder to reverse. File your objection or petition as soon as you can after learning of the application.
3. Prepare a written objection or petition to contest appointment. Draft a pleading titled something like “Objection to Application for Letters of Administration” or “Petition to Contest Appointment.” Include:
   • Your name and contact information and relationship to the decedent.
   • The decedent’s name and the probate court case number.
   • A clear statement of the relief you request (for example, deny the application; require bond; appoint an alternate administrator; appoint a special administrator).
   • Detailed facts and legal reasons supporting your objection (priority, unfitness, conflict of interest, procedural defects).
   • Any supporting documents (death certificate, proof of relationship, criminal records, evidence of conflict or misconduct).
4. File the objection with the probate (circuit) court clerk. Follow the county clerk’s filing rules and pay any filing fee (fee amounts vary by county).
5. Serve the objection on all required parties. Illinois probate procedure requires service on the applicant and other interested persons. Serve pursuant to the local rules and civil procedure requirements so there is no defect in notice.
6. Request interim relief if assets are at risk. If you believe the proposed administrator will dissipate assets, consider asking the court for emergency relief—such as appointment of a temporary or special administrator, a restraining order, or bond—while the objection is resolved. Explain the immediate risk to the estate and cite facts.
7. Attend the hearing and present evidence. The court will set a hearing. Be ready to testify, present documents, and call witnesses. Focus on priority rules, qualifications, credible evidence of misconduct, or procedural defects.
8. Possible outcomes. The court may deny the application, appoint a different administrator, issue letters with conditions (higher bond, supervision), appoint a special or temporary administrator, or decline to act if the objection lacks merit.
9. If letters have already been issued. You can still file a petition to remove or revoke an administrator for cause (misconduct, breach of fiduciary duty, incapacity). Provide clear evidence; courts treat removal of a fiduciary seriously and require persuasive proof.

Relevant Illinois law and resources

The Probate Act of Illinois governs appointment of administrators and probate procedure. For statutory text and additional details, consult the Illinois Compiled Statutes, Probate Act (755 ILCS 5): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2109&ChapterID=60.

For court forms, local procedures, and self-help information, check the Illinois Courts website: https://www.illinoiscourts.gov/Self-Help/ and the approved forms page: https://www.illinoiscourts.gov/Forms/approved-forms/.

When to hire an attorney

Probate litigation can be complex. Hire a licensed Illinois probate attorney if issues involve significant assets, complex family disputes, allegations of fraud or criminal behavior, or if you need emergency relief to protect estate property. An attorney will prepare pleadings, gather evidence, handle service, and represent you at hearings.

Disclaimer: This article is informational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific case, consult a licensed Illinois attorney.

Helpful Hints

• Act promptly. Filing an objection early preserves your rights.
• Collect and organize proof of your relationship to the decedent and any facts that show the applicant is unfit or lacks priority.
• Request temporary or special administration if estate assets are at immediate risk.
• Keep communications documented—avoid confrontations with the applicant that could escalate the dispute.
• Check county-specific probate forms and local rules before filing. Counties sometimes have unique requirements.
• If you cannot afford an attorney, contact local legal aid organizations or the Illinois State Bar Association lawyer referral service for help finding counsel.
• Be prepared for mediation or settlement—many probate disputes resolve without a full trial.