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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;
Following the filing of the Will, any person may file a written petition asking the Court to admit the Will to probate, to name an "executor" of the estate, to determine the heirs of the decedent, and to formally open the probate estate.
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 law provides that all claims must be in writing. The written document must notify the administrator or executor of the estate as to the nature of the claim and the amount of money that the claimant is seeking.
The Estate Settlement Timeline: While there is no specific deadline for this in Illinois law, it is generally best to do so within a month to prevent unnecessary delays in the probate process.
The Petition for Letters of Office asks the court to appoint a certain individual, called an Executor, to manage decedent's estate as identified in the Will. If the decedent dies without a Will, a Petition for Letters of Administration is filed.
An interested person, usually a family member, files a petition with. the Probate Court asking that an "administrator" be appointed, that the Court determine the heirs, and that an estate be opened. Notice of the presentation of that petition and the hearing must be given in writing to close relatives.
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.