Illinois Sample Letter for Petition to Appoint Administratrix
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How to fill out Sample Letter For Petition To Appoint Administratrix?
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FAQ
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.
An administrator to collect has power to sue for and collect the personal estate and debts due the decedent or missing person and by leave of court to exercise the powers vested by law in an administrator.
To qualify for summary administration, the estate must meet these requirements: The value of the estate is $100,000 or less. All claims against the estate (such as debts) are either paid or listed in the petition. No federal estate tax or Illinois estate tax is owed, or all such taxes have been paid or provided for.
The petition shall state, if known: (a) the name and place of residence of the decedent at the time of his death; (b) the date and place of death; (c) the approximate value of the decedent's real and personal estate in this State; (d) the names and post office addresses of all heirs of the decedent and whether any of ...
740 ILCS 180/1. i. A special administrator possesses the authority to prosecute ONLY Wrongful Death causes of action and no other causes of action, including survival actions.
The petition must be filed with the court in the proper county, and it must state: The name and place of the decedent's residence at the time of his or her death; The date and place of the decedent's death; The date of the will and the fact that the petitioner believes the will to be the decedent's last valid will;
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.
The timeline for this process can vary greatly, typically ranging from several months to over a year, depending on factors such as the size and complexity of the estate, the clarity of the will, and whether or not the probate process is contested.
