Detailed Answer
Applying for letters of administration in Illinois involves a defined court process under the Estates and Trusts Act (755 ILCS 5/18-1 et seq.). Letters of administration grant an administrator authority to collect assets, pay debts, and distribute property when a person dies without a will or without an appointed executor.
1. Determine Your Eligibility
Under 755 ILCS 5/18-1, the court gives priority to serve as administrator in this order:
- Surviving spouse
- Adult children
- Next closest kin
2. Gather Required Documents
- Certified copy of the decedent’s death certificate
- List of known assets and approximate values
- Names and addresses of all heirs or next of kin
3. Complete and Sign the Court Forms
Note: Illinois does not use “AOC” forms. Instead, you must use Illinois Supreme Court–approved probate forms, available at the Illinois Courts website.
- Form PC-553: Petition for Letters of Office – initiates your request
- Form PC-550: List of Proposed Distributees – identifies heirs
- Form PC-454: Notice to Heir or Devisee – provides formal notice
- Form PC-450: Citation by Publication – used if an heir’s address is unknown
- Form PC-554: Letters of Office – issued by the court after approval
4. File Your Petition and Pay Fees
Submit the completed forms, death certificate, proposed bond, and filing fee to the probate division of the circuit court where the decedent resided. Fees vary by county—check your circuit clerk’s fee schedule.
5. Publish Notice and Serve Interested Parties
Illinois law (755 ILCS 5/6-2) requires you to publish notice in a local newspaper and serve all heirs or interested parties. File proof of publication and service before the hearing.
6. Attend the Hearing and Receive Letters
The court reviews your petition at a scheduled hearing. Upon approval and posting of bond, the clerk issues letters of administration (Form PC-554). You then have lawful authority to manage and distribute estate assets under 755 ILCS 5/21-1.
Statutes Cited: 755 ILCS 5/18-1 and 755 ILCS 5/21-1 (Estates and Trusts Act).
Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Contact your local circuit clerk to confirm county‐specific requirements and fees.
- Estimate a bond amount equal to the estate’s gross value; the clerk sets the exact figure.
- Retain copies of all filings, proofs of service, and notices.
- Consider consulting a probate attorney for complex estates or disputes.
- Timely publication expedites the probate process and avoids delays.