How can a client obtain appointment as administrator when a higher-priority heir exists in Illinois?
Disclaimer: This article is for informational purposes only and is not legal advice. Consult a qualified attorney before taking any action. Detailed Answer Overview of Intestate Administration in Illinois When someone dies without a valid will (intestate) in Illinois, the circuit court appoints an administrator to manage the estate under the Illinois Probate Act of […]
Read article →What is the process and timeline for applying to become the personal representative of an estate in Illinois?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation. Detailed Answer Under Illinois law, a personal representative (formerly called executor) administers an estate after someone dies. You must follow the Illinois Probate Act of 1975 (755 ILCS 5) to apply. Below […]
Read article →How can a guardian or guardian ad litem be appointed to manage a minor’s interest in an estate in Illinois?
Disclaimer: This article is for general information and is not legal advice. For advice on your situation, consult a qualified probate attorney. Detailed Answer Under Illinois law, a probate court can appoint either a guardian of a minor’s estate or a guardian ad litem to protect a minor’s financial interest in an estate. The choice […]
Read article →What steps protect a minor’s inheritance when the decedent did not leave a will in Illinois?
Detailed Answer Intestate Succession in Illinois When someone dies without a will in Illinois, their assets pass by intestate succession under 755 ILCS 5/2-1. If a parent dies and leaves a minor child, that child inherits a share of the estate. However, minors cannot hold property outright. Illinois law appoints a guardian or custodian to […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in Illinois?
Detailed Answer When an individual is appointed as an administrator of an estate in Illinois, the Probate Act (755 ILCS 5/) establishes several layers of oversight to ensure the administrator fulfills fiduciary duties and meets bond requirements. These safeguards protect the estate, beneficiaries, and creditors. 1. Probate Bond Requirement Under 755 ILCS 5/23-1, the court […]
Read article →Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in IL?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Illinois for guidance specific to your situation. Detailed Answer Under Illinois law, a personal representative (often called an executor or administrator) may receive statutory compensation for estate administration and commissions on the sale of estate assets. […]
Read article →What steps are required to locate, inventory, and distribute estate assets and settle debts in Illinois?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When someone dies in Illinois, the personal representative (executor or administrator) must follow specific steps to administer the estate. Below is an overview of each key stage, with statutory references. File a Petition and Appoint a Personal Representative. The […]
Read article →How do intestacy rules apply if no valid will is found in Illinois?
Detailed Answer When someone dies in Illinois without a valid will, their estate passes under the State’s intestacy laws. These rules appear in the Illinois Probate Act at 755 ILCS 5/2-1 (link). Intestate succession determines who inherits and in what share. 1. Opening Probate and Appointment of Administrator An interested party (often a surviving spouse […]
Read article →Which court or county office handles estate administration and unclaimed property claims in Illinois?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation. Detailed Answer In Illinois, the administration of a deceased person’s estate is handled by the Circuit Court in the county where the decedent resided at the time of death. Probate matters fall […]
Read article →What Documentation Is Required to Apply for Letters of Administration in Illinois?
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. […]
Read article →