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 1975. The law sets a strict order of priority among heirs. A client in a lower-priority class can still obtain appointment if higher-priority heirs disclaim their rights, are disqualified, or fail to qualify.
Order of Priority for Administrators
Section 3-3 of the Probate Act lists the order:
- Surviving spouse
- Children
- Grandchildren
- Parents
- Siblings
- Other next of kin
- Public administrator
See 755 ILCS 5/3-3 (Illinois General Assembly).
How a Client Can Be Appointed Despite a Higher-Priority Heir
- Obtain a Written Renunciation or Waiver. A higher-priority heir may execute a written renunciation of their entitlement to serve as administrator. That document is filed with the probate court to move you up in priority.
- Show Disqualification of the Heir. If the heir is ineligible—for example, a convicted felon or legally incapacitated—the court may skip them. Provide certified records or medical proof of incapacity.
- Demonstrate Refusal to Serve. If the heir declines the appointment in open court or in writing, the next heir in line qualifies.
- File a Petition for Letters of Administration. Submit the petition in the circuit court where the decedent resided, listing all interested parties and priority heirs. Include waivers or evidence of disqualification.
- Serve Notice to Interested Parties. Give statutory notice (usually 30 days) to all heirs and creditors under 755 ILCS 5/5-5 (Notice and Process).
- Attend the Appointment Hearing. At the hearing, present waivers or disqualification proofs. The judge may then issue letters of administration naming you administrator.
Helpful Hints
- Identify all heirs quickly and confirm their contact information.
- Request waivers in writing using clear, signed forms.
- Gather disqualification evidence: felony convictions, mental-health records, or incapacity certificates.
- Monitor filing deadlines: missing 30-day qualification windows can skip heirs automatically.
- Prepare a bond if required; you may seek bond reduction under 755 ILCS 5/6-7.
- Keep detailed records of all notices, petitions, and court filings.
- Consider mediation if heirs dispute priority or qualifications to avoid delays.
Key Statutes:
- Order of appointment: 755 ILCS 5/3-3 (Illinois General Assembly).
- Notice requirements: 755 ILCS 5/5-5 (Illinois General Assembly).
Note: Rules can vary by county and individual circumstances. Always verify local court rules.