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Illinois: How to Review and Correct Missing or Incorrect Probate Filings in a Parent’s Estate

August 14, 2025 6 min read

How to review and correct missing or incorrect probate filings in an Illinois estate

Detailed answer — what to do first and why it matters

If you believe filings in your father’s Illinois probate case are missing or wrong, act methodically. Probate is a court-supervised process. The estate’s file in the probate court contains the official record of what the personal representative (executor or administrator) has sworn to and what the court has ordered. Missing documents or inaccurate filings can affect distribution of assets, creditor rights, tax reporting, and whether beneficiaries receive what they are owed. Below are the practical steps to review the record and correct errors under Illinois law.

1. Obtain and review the court file

  • Go to the probate clerk of the circuit court that handled your father’s estate and ask for the estate’s case file (docket sheet and copies of all filings). Many counties provide online access or e-filing portals; see Illinois eFile for statewide information: https://efile.illinoiscourts.gov/.
  • Ask for certified copies of key documents: the petition for probate or appointment, the will (if admitted), letters of office, inventory, accountings, receipts and releases, and court orders. The clerk can also provide the docket sheet showing every pleading and entry.
  • Compare what is in the court file with the estate property you know about (bank accounts, real estate deeds, life insurance beneficiary designations, retirement accounts). Note specific omissions or incorrect statements (e.g., a bank account never listed; an asset valued incorrectly; payments not recorded).

2. Ask the personal representative and their counsel for an explanation

  • Before filing more court papers, request the executor or administrator (or their attorney) provide a written explanation and any missing documents. Put the request in writing and keep copies. Often issues can be corrected or explained without contested court proceedings.
  • If the representative has not filed required reports (inventories or accountings), Illinois probate practice provides procedures to compel them to do so.

3. When informal requests don’t fix the problem — use court remedies

If you can’t resolve the issue informally, Illinois probate courts offer several formal tools to correct filings and protect beneficiaries:

  • Motion/Order to Correct the Record: For clerical errors or clear mistakes (typos, wrong dates, wrong names) the court can enter an order correcting the record. This is usually a short motion with supporting evidence (e.g., bank statement showing correct account number).
  • Petition to Compel Inventory or Accounting: The personal representative has duties to file inventories and accountings. If they fail, beneficiaries can petition the court to compel the filing or to require more complete disclosures.
  • Petition for Citation to Discover Assets: If you believe assets were omitted intentionally or negligently, the court can order the representative to answer under oath where assets are located and produce documents.
  • Petition to Reopen the Estate or Amend Filings: If significant assets were omitted after the estate was closed or distributed, you can ask the court to reopen administration so the assets are brought into the estate and properly distributed.
  • Petition for Removal or Surcharge: If the personal representative breached duties (failed to account, concealed assets, misapplied funds), beneficiaries may ask the court to remove the representative, surcharge (order repayment), and award other remedies.
  • Contempt or Sanctions: For willful failure to comply with court orders (for example, failing to provide required accountings), the court may impose sanctions, including contempt.

4. Evidence and supporting documents you will need

Collect documents to support your claims about missing or incorrect filings:

  • Certified copy of the court docket and pleadings from the probate clerk.
  • Bank statements, canceled checks, account ledgers, deeds, titles, and insurance policies that show the existence or ownership of assets.
  • Communications with the personal representative (emails, letters, notes of conversations).
  • Affidavits from witnesses who know about the assets or transactions.

5. Timing — act promptly

Deadlines and statutes of limitation matter in probate. Creditor claim periods, deadlines to contest a will, and timelines for reopening a closed estate can be strict. Because timelines differ depending on the issue, pursue review and corrective steps as soon as you discover a potential problem.

6. Where Illinois law can help

The Illinois Probate Act governs probate proceedings. For general statutory guidance, see the Illinois Compiled Statutes, Probate Act of 1975 (commonly cited as 755 ILCS 5): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60. That Act contains the court’s powers over administration, inventories, accountings, appointment, removal of fiduciaries, and related procedures. For forms and practice resources, see the Illinois Supreme Court’s forms page: https://www.illinoiscourts.gov/forms/approved/.

7. Likely outcomes and costs

  • The court may order the record corrected or direct the personal representative to file a supplemental inventory or amended accounting.
  • If the representative concealed assets or breached duties, the court can remove the fiduciary, order repayment, and assess attorney fees in certain circumstances.
  • There will be court filing fees and likely attorney fees for contested proceedings; some fees may be paid from the estate if the court orders.

8. When to get a lawyer and where to look

Because probate litigation involves strict procedures and deadlines, consult an Illinois probate attorney if the executor does not cooperate or when significant assets or misconduct are involved. For help finding counsel, try the Illinois State Bar Association referral resources or Illinois Legal Aid Online for low-cost options:

Helpful Hints

  • Request the probate case number from the clerk — you will need it to pull records and file papers.
  • Keep a written timeline of what you found and when you contacted the personal representative. Date and keep copies of every communication.
  • Get certified copies of the will and letters of office — many institutions will insist on certified copies before they release information.
  • Check beneficiary designations on life insurance and retirement accounts; many pass outside probate and won’t appear in the probate inventory.
  • Ask the clerk what local forms or procedures your circuit court uses — local rules can affect how you file motions or notices.
  • If you suspect fraud or theft, preserve original documents and consider asking the court for an expedited hearing or temporary injunction to prevent dissipation of assets.
  • Don’t delay: missed deadlines can forfeit rights to challenge certain actions. If you’re unsure, consult a probate attorney quickly.

Resources

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Probate law is complex and timelines can be short; consult a licensed Illinois attorney about your specific situation before taking legal action.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.