Illinois Petition To Terminate Independent Administration and Notice of Rights is a legal document that is filed with the court in Illinois by an individual who wishes to terminate an independent administration of an estate. The petitioner must provide the court with sufficient information to demonstrate that the independent administration should be terminated. The Notice of Rights is a document that is included with the Petition to inform the parties involved (including heirs, beneficiaries, creditors, and other interested persons) of their rights in the estate administration process. The Notice of Rights outlines the parties’ rights to object to the termination of the independent administration, to receive a hearing on the matter, and to receive a copy of the order terminating the independent administration. There are two types of Petition to Terminate Independent Administration: (1) Petition to Terminate Independent Administration with Notice of Rights, and (2) Petition to Terminate Independent Administration without Notice of Rights.
Illinois Petition To Terminate Independent administration and Notice Of Rights
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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.
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.
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.
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.
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.
Within 42 days after the effective date of the original order of admission, you may file a petition with the court to require proof of the will by testimony of the witnesses to the will in open court or other evidence, as provided in section 6-21 of the Probate Act of 1975 755 ILCS 5/6-21).