Probate in Illinois | IL Legal Resources | FastCounsel

What Happens to a Safe Deposit Box After Someone Dies in Illinois (IL)?

Detailed Answer When a safe deposit box holder dies in Illinois, the bank will generally restrict access and follow a legal process before anyone may open the box. The procedures balance the bank’s contractual obligations, the rights of surviving co-tenants, and the needs of the probate process. Below is a clear, step‑by‑step explanation of what […]

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When Can an Executor Be Removed in Illinois?

When Can an Executor Be Removed in Illinois? Short answer: In Illinois an executor (the person named in a will to manage the estate) can be removed by the probate court if an interested person shows valid grounds such as misconduct, incapacity, failure to perform duties, a conflict of interest, or other conduct that harms […]

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What Is "Probate in Common Form" in Illinois (IL)?

Understanding Probate Options in Illinois: Is There a “Probate in Common Form”? Detailed Answer — How Illinois Handles What other States Call “Probate in Common Form” Short answer: Illinois does not use the term “probate in common form.” That term appears in some other states (for example, North Carolina) to describe a simplified, routine probate […]

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When Should I Use Solemn Form Probate in IL?

Detailed Answer Short answer: Illinois does not use the term "solemn form probate" the way some other states do. If you mean the type of court-supervised, formal probate proceeding used when a will’s validity or estate administration is contested or requires close court oversight, the comparable Illinois options are formal (supervised) probate proceedings or contested […]

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Is probate administration required when there is no will in Illinois (IL)?

If someone dies without a valid will in Illinois, families frequently need to know whether they must open a probate case to handle the estate. The answer depends on what assets the decedent owned, how those assets were titled, the size of the estate, and whether creditors or heirs dispute the distribution. Detailed Answer Basic […]

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How can I close an estate bank account and obtain the required closing statement? (IL)

Detailed Answer — How to close an estate bank account and obtain the required closing statement under Illinois law Closing an estate bank account in Illinois typically means the personal representative (executor or administrator) has finished paying valid debts and taxes and is ready to distribute the remaining assets to beneficiaries. Whether you must file […]

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How to properly document and file receipts for payments to heirs or service providers in an estate (IL)

Detailed answer Short overview: When administering an Illinois estate you must keep clear, reliable records of every payment to heirs and to service providers. The personal representative (executor or administrator) has a duty to account for estate receipts and disbursements to the court and interested persons. Good documentation includes original invoices, signed receipts or releases, […]

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What steps ensure third-party claims and payments are accurately recorded in Illinois probate filings (IL)

How to make sure third-party claims and payments are accurately recorded in Illinois probate filings This FAQ-style guide explains clear, practical steps a personal representative or administrator should take so third-party claims and payments (creditors, vendors, insurers, lienholders, Medicare/Medicaid, and others) are properly documented in Illinois probate court records. This is educational information only and […]

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How can next of kin qualify to be appointed as the estate administrator in IL?

Detailed Answer Short summary: In Illinois, a next of kin can become the estate administrator when the decedent left no valid will naming an executor, or the named executor is unable or unwilling to serve. The next of kin must file a petition in the probate court in the county where the decedent lived, show […]

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What documents are required to apply for probate appointment and oath in Illinois (IL)?

Detailed Answer — Documents needed to apply for probate appointment and to take the oath in Illinois Short answer: To start probate in Illinois and obtain appointment (letters of office) you generally must file a petition with the county probate court and submit a set of supporting documents. At minimum those documents usually include the […]

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