The Illinois Order Of Discharge-Independent administration is a type of court-supervised probate in which the executor or administrator of an estate is not required to answer to the court or obtain its permission in order to distribute assets of the estate. This type of administration is available in the state of Illinois for those estates with a gross value of less than $100,000 and no real estate. It is the simplest and least expensive way to administer an estate as it requires no court hearings or involvement from a lawyer. There are two types of Illinois Order Of Discharge-Independent administration: Formal Administration and Small Estate Administration. Formal Administration is required for at least some estates, and involves filing a petition with the court to open the estate, providing notice to heirs and creditors, and accounting for the administration of the estate. Small Estate Administration is available for those estates with a gross value of less than $100,000 and no real estate. This type of administration requires less paperwork and fewer court proceedings.
Illinois Order Of Discharge-Independent administration
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This means that the executor or administrator will not have to obtain court orders or file estate documents in court during probate. The estate will be administered without court supervision, unless an interested person asks the court to become involved.
Deadline to close the estate: 14 months from the date the will is admitted to probate. If the estate remains open after 14 months, the court will expect the representative to account or report to the court to explain why the estate needs to remain open.
An independent administration means that the Illinois probate court will just review the opening and closing of the estate, but will not generally get involved in the administration of the estate in between.
Once the original will has been filed, the executor named in the decedent's will is responsible for filing a petition to probate the will within 30 days, or refusing to accept their position as executor. If they fail to act within 30 days, the court may deny them the right to act as executor.
FORM OF PETITION TO TERMINATE ADMINISTRATION Under section 28-4 of the Probate Act of 1975 (Illinois Compiled Statues 1991 755 ILCS 5/28-4) any interested person may petition the court to terminate Independent Administration at any time by mailing or delivering a petition to terminate to the clerk of the court.
For example, an independent administrator can pay debts, sell assets, and transfer title to estate property without court permission. The independent administrator must, in most Illinois probate courts, retain an Illinois probate attorney to represent them in the administration process.
Closing of an Illinois Probate Estate The executor must file a final accounting with the court showing how estate assets were handled. The accounting will list the assets, possible income the estate generated, the amount paid for any debts or other expenses, and the distributions made to beneficiaries.