Securing a Decedent’s Bank Accounts in Illinois
Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
When someone dies owning bank accounts, those accounts become part of the estate administered under the Illinois Probate Act. If co-heirs refuse to cooperate, one heir can ask the circuit court to secure the assets. The process generally involves two key steps:
- Obtaining Letters of Administration.
- Requesting a court order or writ to freeze the funds.
1. Obtaining Letters of Administration
Under the Illinois Probate Act (755 ILCS 5), any interested person may file a Petition for Letters of Administration when there is no will or no executor named. You must submit:
- A certified copy of the decedent’s death certificate.
- The Petition for Letters of Administration.
- Notice to all known heirs and interested parties.
- A personal representative’s bond, if the court requires one.
Once the court approves your petition, it issues certified Letters of Administration. You then present those letters and the death certificate to the bank. Most banks will freeze or secure the decedent’s accounts upon receipt.
2. Requesting a Court Order or Writ of Sequestration
If co-heirs have already accessed or threaten to access the accounts, you can seek a writ of sequestration under the Illinois Code of Civil Procedure (735 ILCS 5/2-111). This writ directs a sheriff or court officer to seize or secure the specified property, including bank accounts. Required items include:
- An affidavit identifying the estate assets and explaining why protection is needed.
- A proposed writ that names the banks and account numbers.
- A security bond to cover potential damages if the writ is later found wrongful.
- Proof of service on co-heirs and the banks.
As an alternative, you may request a preliminary injunction under 735 ILCS 5/2-201 to bar co-heirs from withdrawing funds until the court resolves the dispute.
Helpful Hints
- Begin probate promptly to reduce conflict.
- Obtain multiple certified death certificates—banks and courts require originals.
- Keep a file of all filings, orders, and service receipts.
- Serve every interested party to avoid contested deadlines.
- Consider consulting an estate attorney to navigate complex procedural rules.