Can I use an obituary as proof of death to open an estate if the death certificate is not available in Illinois?
Detailed Answer In Illinois, you generally must attach a certified copy of the decedent’s death certificate when you petition to open an estate. Under the Probate Act of 1975, 755 ILCS 5/3-3, the court requires proof of death before issuing letters of office. If the death certificate is not available, the court may accept alternative […]
Read article →How Do I Prepare an Heirship Affidavit in Illinois?
Detailed Answer In Illinois, a “heirship affidavit” is commonly prepared under the Small Estate Affidavit statute (755 ILCS 5/28-4) to collect a decedent’s personal property without formal probate. This process applies when: The decedent died intestate (without a valid will), or the appointed executor is unable or unwilling to serve. The total value of the […]
Read article →Can I Open an Estate and Become the Personal Representative if I Am the Mother-in-Law? (IL)
Can I Open an Estate and Become the Personal Representative if I Am the Mother-in-Law in Illinois? Detailed Answer Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Under Illinois law, a court appoints a personal representative according to a […]
Read article →Can I Elect a Life Estate Instead of an Intestate Share under Illinois Law?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer Under Illinois intestacy rules (755 ILCS 5/2-1), a decedent's assets pass to heirs based on their relationship to the decedent: If the decedent is survived by a spouse but no […]
Read article →How does an executor obtain an EIN for the estate in Illinois?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer In Illinois, an executor must obtain an Employer Identification Number (EIN) for a decedent’s estate to handle federal tax filings, open estate bank accounts, and report income or gains. […]
Read article →What is the difference between independent and supervised probate administration in Illinois?
Detailed Answer Under Illinois law, when a person dies leaving assets, their estate typically goes through probate administration. Illinois provides two primary administration types: independent administration and supervised administration. Each type differs in court involvement, cost, timeline, and flexibility. Independent Administration Independent administration minimizes court supervision. After the court appoints a personal representative (formerly called […]
Read article →Do I Have to List Personal Property Assets When Completing a Year's Allowance in an Estate in Illinois?
Detailed Answer Under Illinois law, a surviving spouse may claim a year's allowance from an estate. To determine that allowance, you generally must identify all relevant personal property you wish to include. What Is the Year's Allowance? Section 19-1 of the Illinois Probate Act (755 ILCS 5/19-1) allows a surviving spouse to receive $20,000 in […]
Read article →How to request and schedule a probate hearing when none is set in Illinois
Detailed Answer If you’ve filed a probate case in Illinois and no hearing date is set, you must take proactive steps to request and schedule one. Illinois courts require a written petition or motion, proper service on interested parties, and coordination with the circuit court clerk’s office. Below is a step-by-step guide. Prepare a Petition […]
Read article →How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in Illinois
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Illinois attorney for guidance. Detailed Answer 1. Understand Service Requirements in Illinois Probate Under the Illinois Probate Act, you must serve court orders on each interested party before the probate case can move forward. Section 6-6 of the […]
Read article →How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in Illinois
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney for personalized guidance. Detailed Answer In Illinois probate administration, you must present the decedent’s original will—or a filed copy—to the Circuit Clerk in the county where probate is opened. Under 755 ILCS 5/6-12, any person holding […]
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