Detailed answer

When someone dies without a will (intestate) in Illinois, the court must appoint a personal representative (commonly called an administrator) to gather the decedent’s assets, pay debts and taxes, and distribute what remains according to Illinois intestacy rules. A sibling can qualify to serve as administrator, but eligibility and the appointment process follow set rules under the Illinois Probate Act (see 755 ILCS 5/). For the statute text and related rules, start with the Probate Act of 1975: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60

Who has priority to be appointed?

Court practice gives appointment priority to certain people in a prescribed order. That order generally favors a surviving spouse and children first. If no spouse or descendants are available or willing, next-priority heirs include parents and then siblings. If you are a sibling, you may be appointed if you outrank or there are no higher-priority persons available or willing to serve. If multiple equally-ranked persons seek appointment (for example, several siblings), the court will choose among them, often preferring the person who is most qualified, able to act promptly, or who has the consensus of other heirs.

Basic qualifications to serve

• Adult (18 or older) and mentally competent.
• Generally not disqualified by law (some convictions or professional disqualifications can bar appointment; the court reviews suitability).
• Willing and able to perform administrative duties, post any required bond, and follow court orders.

Key steps to become the administrator

1. Find the correct county probate court: File in the county where the decedent lived at death.
2. Prepare and file a petition for appointment (petition for letters of office or petition for administration). The petition identifies the decedent, the petitioner, known heirs, and a summary of assets and liabilities.
3. Attach a certified copy of the death certificate if available and any required filings the court requests.
4. Provide notice: The court will require notice to heirs and sometimes to creditors and publish notice if required. This gives others a chance to object or to seek appointment for themselves.
5. Court review and hearing: The judge examines petitions, priority, and suitability. If no higher-priority person appears and no valid objection exists, the judge can appoint you and issue letters of office (formal authority to act).
6. Bond: The court often requires an administrator to post a bond to protect the estate. The amount depends on the estate’s value. The court may waive or reduce the bond in certain circumstances (for example, if heirs consent or state exceptions apply).

What the court looks for

The judge will check whether you are properly related or have priority, whether any higher-priority person is available, and whether you are fit to serve (financial responsibility, criminal history that affects trustworthiness, ability to manage the estate). The court balances the interests of creditors and heirs in making the appointment.

Duties and responsibilities after appointment

• Inventory the estate’s assets and file required inventories with the court.
• Provide notice to creditors and evaluate claims.
• Pay valid debts, taxes, and administration expenses from estate funds.
• Distribute remaining assets to heirs according to Illinois intestacy rules.
• File accountings and obtain court approval where required, then close the estate.

Timing, costs and practical points

Probate timelines vary. Small, straightforward estates can be wrapped up in months. Complex estates, disputes, or contested appointments can take a year or longer. Expect court filing fees, possible publication costs, and any bond premium. If the estate is small or consists only of certain items, there may be simplified procedures to transfer property without full administration—ask the court clerk about small-estate options in your county.

Where to learn more

Read the Illinois Probate Act (Probate Act of 1975, 755 ILCS 5/) for statutory rules and procedures: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60. For practical, court-level guidance and local forms, visit the Illinois Courts self-help pages: https://www.illinoiscourts.gov/self-help and contact the clerk of the circuit court in the county where the decedent lived.

Helpful Hints

• Check for a will first. Even a handwritten (holographic) will can change who the court appoints.
• Speak with the probate court clerk before filing. Clerks can point you to local forms and fee schedules.
• Gather documents before you file: certified death certificate, information about assets (bank accounts, deeds, titles), and a list of possible heirs and creditors.
• If multiple siblings want to serve, consider communicating and agreeing on one nominee to reduce court disputes.
• Be ready to post a bond unless all heirs agree to waive it and the court approves the waiver.
• Keep meticulous records of all transactions and communications related to the estate. You will need to account to the court and to heirs.
• If the estate has tax issues, complex assets, or contested claims, talk with a probate attorney. Even a short consultation can help you avoid costly mistakes.
• If you cannot serve or are not appointed, other relatives or a public administrator can be appointed to protect the estate.