Disclaimer: This article is for general educational purposes only and does not constitute legal advice. Consult a qualified Illinois attorney for guidance specific to your situation.
Detailed Answer
In Illinois, when someone dies without a will, the estate is considered “intestate.” The circuit court in the county where the decedent lived oversees the probate process under the Illinois Probate Act (755 ILCS 5). A qualified person can petition to be appointed as the estate’s administrator by following these steps:
1. File a Petition for Letters of Administration
The potential heir must file a petition with the county’s circuit court clerk. The petition requests “Letters of Administration,” which grant the authority to manage the estate. See 755 ILCS 5/6-1.
2. Establish Qualification and Priority
Under 755 ILCS 5/11-1, the court appoints an administrator in this order of priority:
- Spouse of the decedent
- Lineal descendants (children, grandchildren)
- Parents
- Siblings
- Other next of kin, or creditors if no kin step forward
The petitioner must demonstrate their relationship and priority position.
3. Provide Notice and Appoint a Guardian ad Litem (If Needed)
The court requires notice to all heirs and may appoint a guardian ad litem to protect minor or unknown heirs’ interests.
4. Post a Bond
Most courts require the administrator to post a probate bond to protect the estate. Bond requirements depend on estate value and beneficiary agreements. See 755 ILCS 5/6-14.
5. Receive Letters of Administration
Once the court reviews the petition, qualifications, notice, and bond, it issues Letters of Administration. These letters authorize the administrator to:
- Collect and manage estate assets
- Pay debts and taxes
- Distribute property to heirs according to intestate succession rules under 755 ILCS 5/2-1
Helpful Hints
- Gather certified copies of the death certificate before filing.
- Prepare a list of all potential heirs and their contact information.
- Consult the court clerk to confirm bond amounts and fee schedules.
- Keep detailed records of all estate transactions and communications.
- Consider hiring an attorney if the estate has complex assets or disputes.