Illinois Petition For Summary Administration (Intestate) is a legal process used in the state of Illinois when the deceased person did not have a valid will or trust. It is a simplified version of the probate process and is generally less expensive, time-consuming, and complicated than a regular probate. This process is available to estates with a gross value of less than $100,000, and to those with a gross value between $100,000 and $300,000 if all the heirs agree to it. There are two types of Illinois Petition For Summary Administration (Intestate): Small Estate Affidavit and Summary Administration. A Small Estate Affidavit is used when the estate is less than $100,000 and the heirs agree to it. Summary Administration is used when the estate is more than $100,000 but less than $300,000 and all the heirs agree to it. Both types of Illinois Petition For Summary Administration (Intestate) require the filing of a Petition with the court, and providing the court with legal documentation such as death certificates and proof of ownership of assets.
Illinois Petition For Summary administration (Intestate)
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Simplified Probate in Illinois: Summary Administration To request summary administration, you file a written request or "petition" with the local probate court. If approved, you can then immediately distribute the assets without having to jump through the hoops of regular probate.
Petitioning the Court In Illinois, executors who are tasked with administering an estate must begin the process by petitioning the probate court in the county where the decedent resided for a letter of testamentary, or a letter of administration.
If the decedent dies without a Will, a Petition for Letters of Administration is filed. In this Petition a close family member or friend asks the court's permission to serve as the Administrator of the estate. The court will generally appoint this person as the estate's Administrator.
Illinois Summary Administration of an Estate Explained Summary administration is a rarely used technique that allows an estate to be administered through a court proceeding without appointing a personal representative.
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.
To use Illinois simplified probate, The estate executor files a written request with the local probate court asking to use the simplified procedure. All heirs and beneficiaries have consented in writing to the simplified process. A death notice must be published in the newspaper for any claimants.
An administrator to collect is a representative who has been named by the probate court after that person has put forward a petition for serving in the probate action. That administrator is then charged with preventing waste, embezzlement or loss of probate estate property.
A Petition for Letters of Administration is used when a person has died without a will, and a close family member or friend is asking the court's permission to serve as the personal representative of the estate.