Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Handling an estate with assets across multiple jurisdictions adds steps under Illinois law. The executor or administrator must follow venue rules, file ancillary proceedings when necessary, and coordinate asset distribution. Below is an overview of each stage.
1. Determine the Primary Probate Venue
Under the Illinois Probate Act of 1975, primary probate occurs in the county where the decedent was domiciled at death. See 755 ILCS 5/3-1. You must file the petition for letters testamentary or letters of administration in that county’s circuit court.
2. Identify Out-of-County and Out-of-State Assets
Compile a complete inventory of real estate, bank accounts, investments and personal property. Note the location of each asset. Real property located in a different Illinois county or another state often triggers ancillary administration.
3. File Ancillary Administration Proceedings
For assets located outside the primary county, you must open ancillary probate in the county or state where those assets sit. Ancillary administration lets the local court appoint a representative to handle those specific assets. Illinois law authorizes this process under 755 ILCS 5/27-1. You must submit certified copies of the primary probate orders along with the application.
4. Coordinate Multiple Estate Filings
Maintain clear records across all filings. Use consistent naming for the estate matter, usually “Estate of [Decedent’s Name], Deceased.” Keep track of deadlines and fees in each jurisdiction. Communicate with court clerks in each county or state to ensure proper handling.
5. Close Proceedings and Distribute Assets
After settling debts, taxes and expenses in each jurisdiction, file final accountings in both primary and ancillary cases. Obtain discharge orders before distributing assets to beneficiaries. Make sure to report distributions accurately on Illinois estate tax returns and any required out-of-state filings.
Helpful Hints
- Start early: Identify all assets and jurisdictions as soon as possible.
- Use certified court documents: Courts typically require certified copies from the primary probate.
- Contact local court clerks: Procedures and fees vary by county and state.
- Keep detailed records: Track filings, deadlines and costs in each jurisdiction.
- Consider professional help: Complex estates may benefit from an experienced probate attorney or accountant.