How to Determine if a Probate Estate Has Been Opened for a Decedent in Illinois
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Detailed Answer Under Illinois law, a probate estate officially begins when a petitioner files a petition in the circuit court of the county where the decedent resided at death. To confirm whether such a petition has been filed and an […]
Read article →What information is needed to request estate files from a county probate division in Illinois?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Illinois, probate court files—including wills, inventories, petitions, and orders—are generally public records once filed. Under the Illinois Probate Act, 755 ILCS 5/10-1, anyone may inspect probate court records at the county clerk or probate division unless sealed by […]
Read article →What Steps Are Needed to Include Real Property into an Illinois Estate Successfully?
Detailed Answer When someone dies owning real property in Illinois, you must follow the Illinois Probate Act to include that property in the estate. The primary steps involve verifying title, initiating probate, inventorying the property, and distributing it to heirs or beneficiaries. 1. Verify Title and Ownership Review the deed and title recorded with the […]
Read article →How to Transfer an Out-of-State Property Interest in IL When All Heirs Agree and Ancillary Probate May Not Be Required
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 When a decedent owned real estate outside of Illinois and all heirs agree on distribution, you may avoid a full ancillary probate in the other state. Follow these general steps […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Illinois
Detailed Answer 1. What Is a Court-Ordered Subpoena in Illinois Probate? In Illinois, a subpoena is a court document that commands a person or entity to produce records or testify under oath. In probate matters, you use a subpoena duces tecum to gather estate records from banks, custodians, or third parties. You may also issue […]
Read article →What Authorization Forms Must an Illinois Heir Sign to Direct Distribution of Real Property Sale Proceeds?
Understanding Authorization Forms for Distribution of Real Property Sale Proceeds in Illinois Detailed Answer When a personal representative sells a decedent’s real estate in Illinois, the net proceeds must flow through the probate process. Heirs who wish to direct or receive their share of those proceeds typically sign three main types of forms: Petition for […]
Read article →How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce?
How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce? Detailed Answer When a property owner’s real estate sells at a foreclosure or tax-sale, any amount collected above the total debt and sale expenses becomes “surplus funds.” Illinois law provides a process for interested parties—including former spouses […]
Read article →How to Distinguish Estate Assets from Corporate Assets in Illinois
How to Distinguish Estate Assets from Corporate Assets in Illinois Detailed Answer When someone dies, you must separate assets they owned individually (estate assets) from assets owned by any corporation a relative formed. Estate assets pass under the Probate Act of 1975 (755 ILCS 5). Corporate assets remain under the Illinois Business Corporation Act (805 […]
Read article →What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs? Detailed Answer Under Illinois law, a personal representative (formerly executor) may sell or auction estate personal property to cover debts, administrative expenses, and to ensure each heir receives an equal share. The Illinois Probate Act of 1975 […]
Read article →Who is eligible to receive surplus proceeds when the property was solely in the deceased spouse’s name? – IL
Detailed Answer When a property undergoes a foreclosure sale in Illinois, any sale proceeds exceeding the amounts owed create surplus funds. Under the Code of Civil Procedure, surplus funds remain with the court-appointed trustee until claimed by an entitled party (735 ILCS 5/15-1506(c)). If the foreclosed property was solely in the deceased spouse’s name, the […]
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