Detailed Answer
In Illinois, when a person dies without a will (intestate), you must ask the circuit court to appoint an administrator. You file a petition along with supporting documents so the court can verify the decedent’s identity, heirs, and estate value. Below is an overview of the documentation you must submit under Illinois law.
1. Petition for Letters of Administration
Complete and file the official petition for letters of administration (Supreme Court form PC 100.1 or local circuit form). Include the decedent’s full name, date of death, residence, estimated estate value, and your relationship to the decedent.
2. Certified Death Certificate
Provide a certified copy of the decedent’s death certificate as proof of death. See 755 ILCS 5/11-4.
3. Oath of Office and Fidelity Bond
File an oath of office and a surety bond per 755 ILCS 5/23-1. The court sets the bond amount based on the estate’s value. You can request a bond waiver or reduction if all heirs consent.
4. Affidavit of Heirs (Heirship Affidavit)
If the decedent died intestate, submit an affidavit listing all statutory heirs and their addresses as required by 755 ILCS 5/5-1.
5. Renunciation or Consent Forms
If any person with priority to serve renounces or consents to your appointment, file a signed renunciation or consent form. This ensures the court knows who agrees you should serve as administrator.
6. Notice to Heirs and Creditors
Serve notice to all known heirs and publish notice in a local newspaper per 755 ILCS 5/6-2. Provide proof of service and publication to the court.
7. Filing Fee
Pay the required filing fee. Check your local circuit court’s probate department website or the Illinois Supreme Court civil fee schedule for current rates.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Visit your local circuit court probate website for specific forms, deadlines, and fee schedules.
- Obtain multiple certified copies of the death certificate early in the process.
- Review bond requirements carefully and consider requesting a waiver if possible.
- Keep detailed records of all petitions, notices, and filings.
- Consult a probate attorney if the estate has complex assets, real property, or creditor disputes.