Detailed Answer — how appointment works and the steps to take

When a person dies without a valid will in Illinois, they are “intestate.” The court then appoints a personal representative (commonly called an administrator) to collect the assets, pay debts and taxes, and distribute what remains under Illinois intestacy law. The basic steps to seek appointment as administrator are:

1. Confirm jurisdiction and venue.

   File in the probate court of the county where the decedent was domiciled (their permanent home) at the time of death. If you are unsure of the proper county, ask the local clerk of the circuit court.

2. Determine your priority to be appointed.

   Illinois law gives priority to certain people when appointing a representative: typically a surviving spouse, adult child, parent, sibling, or other next of kin. If more than one person in the same priority class asks, the court decides who is best suited. See the Illinois Probate Act for how the court determines appointment and priority. For the full Probate Act, see: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60

3. Gather required documents.

   Typical documents you will need to file include: the decedent’s death certificate, your petition for appointment (a document asking the court to appoint you), a list of known heirs, and any affidavit required by local rules. If the decedent owned real estate, bring deeds or titles. If they had bank accounts, you will need account information.

4. File a petition for letters of administration.

   You (or an attorney) file a petition with the probate court asking for appointment as administrator and for issuance of letters of office. The petition identifies the decedent, lists heirs, states there is no will, and asks the court to appoint a personal representative.

5. Provide bond (if required).

   In many intestate cases the court requires the administrator to post a bond (insurance protecting the estate). The court can waive or reduce the bond if all heirs agree or if Illinois law or local rules allow. Discuss bond requirements with the clerk or an attorney. The Probate Act governs bonds and waivers; see: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60

6. Notify interested persons and publish notice if required.

   The court or statute requires notice to known heirs and may require a newspaper publication to notify creditors. Interested persons have the opportunity to object to your appointment.

7. Attend any hearing and receive letters.

   The court may hold a hearing. If the court approves, it issues letters of office (letters of administration) that authorize you to act on behalf of the estate—collect assets, pay bills, and distribute property.

8. Inventory, settle debts, and distribute the estate under intestacy rules.

   Once appointed, you must inventory estate assets, give notice to creditors, pay valid claims and taxes, and distribute remaining assets according to Illinois intestate succession rules. The Probate Act sets out the duties, reporting requirements and the order of distribution; see: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60

Typical timeline: Filing to appointment commonly takes a few weeks to a few months, depending on court backlog, whether notice must be published, bond issues, and whether any heirs object.

Small estate alternatives: If the estate has only small amounts of personal property (Illinois has simplified procedures for limited-value estates), you may be able to collect some assets by affidavit or use an abbreviated process instead of full administration. See the Probate Act and local court resources for the small estate provisions and thresholds: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60

When the court may deny you: The court can refuse to appoint someone who is unfit, under disability, has conflicts of interest, has been convicted of certain crimes, or if another person with higher priority requests appointment and the court finds that person preferable.

Costs and compensation: You will usually pay court filing fees, publication fees, and bond premiums if a bond is required. Illinois law allows the personal representative to be paid a statutory fee or reasonable compensation approved by the court; check local rules and the Probate Act for details.

Helpful Hints

• Obtain several certified copies of the death certificate right away; banks and agencies will require them.
• Contact the county probate clerk early to learn local forms, filing fees and court procedures.
• Prepare a clear heir list with current addresses and phone numbers — the court needs this to give proper notice.
• If you and other heirs agree, get written waivers of bond to speed appointment and reduce costs.
• Keep thorough records and receipts; you will need to account for income, expenses and distributions to heirs.
• Consider talking to a probate attorney for complex estates, disputes between heirs, or if real estate is involved. An attorney can prepare the petition, advise on bond, and represent you at hearings.
• If the estate is small and contains only personal property, ask the clerk whether a small-estate affidavit or simplified procedure applies.
• If someone objects to your appointment, remain cooperative and consult an attorney. Objections must be timely and the court will decide on the competing claims.

Useful Illinois legal references

Primary source: Illinois Probate Act of 1975 (controls appointment, duties, bond, administration and intestate distribution): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60

For county-specific forms and filing details, visit the website of the circuit court clerk in the county where the decedent lived.