Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Illinois probate attorney for guidance.
Detailed Answer
In Illinois, an interested person—such as a named executor, surviving spouse, next of kin, or creditor—may open probate by filing a petition in the circuit court where the decedent resided at death. The process follows the Illinois Probate Act of 1975.
1. Determine Jurisdiction
File in the circuit court of the county where the decedent’s principal residence was located at the time of death. If the decedent owned real estate in multiple counties, you may open separate ancillary proceedings in those counties.
2. Identify the Proper Petitioner
Under 755 ILCS 5/3-1 (Illinois Probate Act §3-1), a petition may come from:
- The nominated executor in a valid will
- The surviving spouse or next of kin, if there is no will
- A creditor seeking to protect its claim
- Any other interested party with a direct financial stake
3. Prepare and File the Petition
Include the following in your petition:
- Decedent’s full name, date of death, and last known address
- Original will and codicils (if any)
- Names and addresses of heirs or beneficiaries
- Estimated value of estate assets (real and personal property)
- Requested letters of office: letters testamentary (with a will) or letters of administration (without a will)
File the petition with the clerk of the circuit court and pay the applicable filing fee. Fees vary by county.
4. Notice and Publication
After filing, serve notices on heirs and beneficiaries under 755 ILCS 5/3-9 and publish a notice to creditors under 755 ILCS 5/3-10 (Illinois Probate Act §§3-9 to 3-10). Publication usually runs once per week for three consecutive weeks in a local newspaper.
5. Appointment and Issuance of Letters of Office
If the court approves the petition at the hearing, it will appoint the petitioner as executor or administrator and issue letters of office. These letters grant authority to collect assets, pay debts, and distribute property. See 755 ILCS 5/3-7 (Illinois Probate Act §3-7).
Small Estate Affidavit Option
If the estate’s personal property does not exceed $100,000 and there is no real estate, Illinois law allows a small estate affidavit under 755 ILCS 5/28-1 (Illinois Probate Act §28-1). This streamlined procedure avoids full probate.
Helpful Hints
- Gather certified death certificate(s) before filing.
- Check county clerk websites for local probate forms and fee schedules.
- Notify all potential heirs early to avoid objections at the hearing.
- Consider bond requirements: courts may waive bonds for nominated executors but require them for administrators.
- Use the small estate affidavit only if assets meet the statutory threshold.
- Keep detailed records of all estate transactions for final accounting.