Detailed Answer
If your mother was an Illinois resident at her death, you will usually follow Illinois probate rules to collect assets, pay debts, and distribute property. Below is a clear, step-by-step explanation of the common tasks you will need to handle and where to look for more information under Illinois law.
1. Immediate practical steps
- Obtain certified death certificates. Order multiple certified copies from the funeral home or the county vital records office. You will need them to close accounts and transfer assets.
- Secure the property. Lock the home, secure valuables, and preserve important documents (the original will if found, titles, deeds, bank statements, insurance policies, and recent tax returns).
- Locate the will and other planning documents. Check the decedent’s files, safe-deposit box, mail, attorney’s office, and electronic accounts.
2. Identify whether probate is necessary
Some assets pass outside probate (for example, those with named beneficiaries such as life insurance, retirement accounts, or jointly-owned property with rights of survivorship). Smaller estates may qualify for simplified procedures. If the decedent had a valid will that names a personal representative (executor), the will typically must be presented to the circuit court in the county where your mother lived for probate. For the governing statute, see the Illinois Probate Act of 1975: 755 ILCS 5/ (Probate Act).
3. Opening a probate case and appointment of a personal representative
To start probate you (or another nominated person) file a petition with the Circuit Court in the county where your mother lived to admit the will and request appointment as personal representative (if there is a will) or request letters of administration (if there is no will). The court issues letters (letters testamentary or letters of administration) that authorize the representative to act for the estate.
4. Duties of the personal representative
Once appointed, the personal representative must:
- Inventory and value the estate assets.
- Notify known creditors and publish notice as required by court rules.
- Manage estate assets responsibly while the estate is open (maintain insurance, pay mortgages, secure real property).
- Pay valid debts, funeral expenses, and taxes from estate funds in accordance with Illinois law and court orders.
- Prepare and file required inventories and accountings with the court and, when appropriate, distribute remaining assets to beneficiaries or heirs.
Many of these duties and timelines come from the Probate Act; see: 755 ILCS 5/.
5. Creditor claims and timelines
Illinois law requires notice to creditors and sets deadlines for presenting claims. The estate representative must follow the statutory notice and claims procedures. Because timing and formality matter, follow the court’s instructions and the Probate Act’s requirements to avoid personal liability for the estate’s debts.
6. Taxes and final reporting
File the decedent’s final federal and Illinois income tax returns. If the estate is large, federal estate tax rules and Illinois estate taxes (if applicable) may apply; contact the Illinois Department of Revenue for state-specific estate and transfer tax guidance: Illinois Department of Revenue. The personal representative must also prepare the estate accounting required by the court before final distribution.
7. Transferring property
Once debts and taxes are paid and the court approves distribution, the personal representative transfers title to heirs or beneficiaries. Real estate typically requires a new deed prepared and recorded in the county recorder’s office. Assets that pass by beneficiary designation (life insurance, retirement accounts) bypass probate but may require presentation of a death certificate to the plan or insurer.
8. Closing the estate
When distribution is complete, the personal representative files a final accounting and a petition for discharge with the probate court. After the court reviews and approves, the representative is released from further duties.
9. When to consult an attorney
Consider hiring an attorney if the estate is large or complex, if there is real estate in multiple states, if heirs dispute the will or distributions, if significant creditor claims exist, or if tax issues appear. The Illinois Courts website can help you find local procedures and resources: illinoiscourts.gov.
Relevant Illinois resources and statutes
- Illinois Probate Act of 1975 (primary statute governing probate): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106
- Illinois Courts (local probate procedures and forms): https://www.illinoiscourts.gov/
- Illinois Department of Revenue (estate and transfer tax information): https://www2.illinois.gov/rev/
Helpful Hints
- Get at least 10–20 certified copies of the death certificate. Many institutions require originals.
- Before spending or distributing estate funds, confirm whether probate is required and whether you have court authority (letters testamentary/administration).
- Check beneficiary designations and joint-tenancy status—some assets may pass outside probate.
- Keep a careful record of all estate receipts, bills paid, and disbursements; the court will want an accounting.
- Notify banks, insurance companies, Social Security, and pension administrators early. Each has its own document requirements.
- Do not sign away or distribute assets if beneficiaries or heirs are in dispute; seek guidance from the court or an attorney.
- If a mortgage or property taxes are due, continue payments to avoid foreclosure or penalties while the estate is open.
- Use local court clerks’ offices as a resource for filing steps and required forms; county rules can vary.
Disclaimer: This article explains general Illinois procedures and is for educational purposes only. It does not constitute legal advice. For legal advice tailored to your situation, consult a licensed Illinois attorney.