Detailed Answer
Under Illinois law, when a person dies leaving assets, their estate typically goes through probate administration. Illinois provides two primary administration types: independent administration and supervised administration. Each type differs in court involvement, cost, timeline, and flexibility.
Independent Administration
Independent administration minimizes court supervision. After the court appoints a personal representative (formerly called executor) by issuing Letters of Office, the representative can:
- Collect and manage assets
- Pay debts and taxes
- Sell property if needed
- Distribute assets to heirs
The personal representative only must file an inventory and a final account with the court. The procedure is governed by 755 ILCS 5/28-1. More details at 755 ILCS 5/28-1.
Supervised Administration
Supervised administration involves continual court oversight. The personal representative must obtain court approval for key actions, including:
- Collecting and selling estate assets
- Paying debts or filing claims
- Distributing property to beneficiaries
Each major step requires filing motions, notices, and accounts in open court. Supervised administration follows 755 ILCS 5/28-2. See 755 ILCS 5/28-2.
Key Differences
- Court Supervision: Independent—minimal; Supervised—full oversight.
- Costs: Independent—lower filing and attorney fees; Supervised—higher due to extra filings and hearings.
- Timeline: Independent—generally faster; Supervised—slower because of court procedures.
- Flexibility: Independent—representative acts swiftly; Supervised—must wait for court orders.
Helpful Hints
- Verify estate value. Estates under $100,000 may qualify for a simplified small estate process under 755 ILCS 5/22-1.
- Consider independent administration if heirs agree and the estate is straightforward.
- Choose supervised administration if disputes exist or complex assets require frequent court oversight.
- File the required inventory and reports on time to avoid delays or sanctions.
- Consult a probate attorney if you face creditor claims, tax issues, or will contests.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice on your specific situation, consult a qualified Illinois probate attorney.