The Illinois Petition To Terminate Independent Administration (Instructions) is a document that is used when a probate estate is being administered by an independent administrator. This document outlines the steps to be taken in order to terminate the independent administration and close the probate estate. Generally, the petition must be filed in the county where the probate estate is located, and it must state the reasons for terminating the independent administration. Generally, the reasons for terminating the independent administration can include the completion of the estate administration, the death of the independent administrator, or the independent administrator’s inability to continue to effectively administer the estate. The Illinois Petition To Terminate Independent Administration (Instructions) can be broken down into two different types: Petition to Terminate Independent Administration of an Estate and Petition to Terminate Independent Administration of a Trust. The Petition to Terminate Independent Administration of an Estate is used when terminating an independent administrator of an estate, while the Petition to Terminate Independent Administration of a Trust is used when terminating an independent administrator of a trust. Both petitions require the same basic information and steps, such as the identification of the independent administrator, the reasons for termination, and the filing of the petition in the county in which the probate estate is located.
Illinois Petition To Terminate Independent administration (Instructions)
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FAQ
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.
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.
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.
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.
?Within 14 days of the will being admitted to probate, the executor's attorney must mail to the heirs and legatees: (1) the petition for probate; (2) the order admitting the will to probate and appointing the executor; (3) a notice regarding the rights of the heirs and legatees.
Probate Process in Illinois Identify all of the assets of the person who dies. Manage those assets throughout the probate process. Pay any outstanding debts, taxes or estate expenses. Make any distributions that are required by state law, and. Distribute any remaining assets to the decedent's heirs or designees.
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.
In Illinois a lawyer is required for probate unless the estate is valued at less than $100,000 and does not have real estate; in that case the Illinois Small Estate Affidavit says the estate does not require a lawyer for probate court. This can reduce the time and cost to distribute the deceased's assets.