Detailed Answer

Short answer: In Illinois, when someone dies without a valid will (intestate), a close relative may ask the county circuit court to be appointed as the estate administrator by filing a petition for letters of administration. The court reviews who has priority to serve, requires certain documents and notices, may require a bond, and issues letters of office that empower the administrator to collect assets, pay debts, and distribute property under Illinois intestacy law.

Step-by-step process to apply

1. Confirm there is no will filed:

   Check the county probate records where your mother lived to confirm that no will has been filed. If a will exists, a different process (probate of the will) applies.

2. Determine eligibility and priority:

   Illinois gives priority to certain people to serve as administrator—typically the surviving spouse first, then the decedent’s children, then other next of kin. If multiple people of equal priority apply, the court will decide. If no one suitable exists, the court may appoint a public administrator. These rules come from the Illinois Probate Act (see the Probate Act of 1975) for guidance on appointment and intestate succession: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106

3. Gather required documents:
   • Certified copy of the death certificate.
   • Petition for Letters of Administration or Petition for Probate (the local judicial circuit usually has specific forms).
   • Basic information about heirs and assets (names, addresses, estimated values).
   • Any written waivers from other heirs if they consent to your appointment (this can simplify or avoid a contested hearing).
4. File the petition in the correct county circuit court:

   You file in the circuit court where the decedent was domiciled (lived) at death. The clerk’s office will accept the petition, charge a filing fee, and set a hearing date if required. The Illinois Courts provide guidance and approved probate forms at: https://www.illinoiscourts.gov/Forms/

5. Provide notice and publish where required:

   The court typically requires notice to heirs and may require publishing a notice to creditors so creditors can present claims against the estate. The clerk or court will explain the required notices and timing.

6. Bond requirement:

   The court may require the administrator to post a surety bond to protect the estate. The bond amount often equals or exceeds the estate’s value. Heirs may be able to waive the bond in writing, which the court may accept.

7. Hearing and appointment:

   If no one contests the petition and required paperwork is in order, the judge typically appoints the petitioner as administrator and issues Letters of Office (or Letters of Administration). These letters let banks and others recognize your authority to act for the estate.

8. Administer the estate:

   Your duties as administrator include collecting assets, preparing and filing an inventory, paying valid debts and taxes, managing property, and distributing remaining assets to heirs according to Illinois intestacy rules. You will need to file periodic reports and a final accounting with the court when closing the estate.

What intestate distribution looks like in Illinois

If there is no will, Illinois law determines who inherits and in what share. The distribution depends on whether a surviving spouse exists and whether there are surviving children or other relatives. The Illinois Probate Act provides the rules that the court follows when distributing assets. See the Illinois Probate Act for statutory guidance: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106

Common issues and how the court handles them

• If multiple people of equal priority petition, the court decides who should serve, often after a short hearing.
• If someone objects to an applicant’s fitness (conflicts, incapacity, criminal history), the court will hold a contested hearing.
• If estate assets are small, some counties offer simplified or small-estate procedures that are faster and cheaper. Check local circuit court rules.
• Creditors must file timely claims; the administrator must notify creditors and follow statutory deadlines before distributing assets.

When to get help from a lawyer

Consider hiring an attorney if the estate has significant assets, unresolved debts, potential creditor lawsuits, unclear heirs, contested appointments, or if you are unfamiliar with court filings and administration duties. A lawyer can prepare petitions, handle hearings, prepare inventories and accounting, and reduce personal liability risks.

Key legal references: Illinois Probate Act (Probate Act of 1975), Illinois Compiled Statutes: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106. For county-specific forms and procedures, contact the circuit court clerk in the county where the decedent lived or see Illinois court forms: https://www.illinoiscourts.gov/Forms/

Important disclaimer: This information is educational and does not constitute legal advice. For advice about your specific situation, consult a licensed Illinois attorney.

Helpful Hints

• Start by getting several certified death certificates—banks and government agencies usually require originals.
• Call the circuit court clerk’s office before you go; many counties post local probate requirements and fee schedules online.
• If other heirs agree, ask them to sign written waivers to speed your appointment and possibly avoid a bond.
• Keep careful records and copies of every court filing, bank statement, and creditor notice; you will need them for inventories and final accounting.
• Ask about small-estate procedures if the estate has limited assets; they can save time and money.
• Watch statutory deadlines for creditor claims and tax filings; missing deadlines can complicate administration and personal liability.
• If you cannot serve or want help, consider hiring an attorney early—this can reduce mistakes and personal risk.