Probate of Estates Laws in Illinois

By Mike Broemmel
Review, probate, estates laws, Illinois
Books image by explicitly from Fotolia.com

Illinois statutes establish specific laws pertaining to the probate of estates in the state. These laws govern probating estates with or without a will. The process of probating estates in Illinois largely is the same under the law whether or not the deceased individual created a will during his lifetime.

Petition to Admit Will

The estate laws of Illinois direct that the probate of a will commences with the petition to admit the will to the probate process. The petition is filed in the court in the county where the deceased individual resided. Illinois law requires that the original will be attached to the petition as an exhibit.

Letters Testamentary

After a petition to probate a will is filed, the court ultimately issues what are known as letters testamentary pursuant to Illinois law. Letters testamentary grant legal authority to the executor named in the will to oversee the affairs of the estate during the probate process.

Petition for Administration

When an Illinois resident dies without a will, an estate is opened on behalf of that person through a petition for administration. The petition for administration requests the court establish an estate and to appoint a person to serve as the administrator of the estate.

Letters of Administration

When the court opens an estate through a petition for administration, the judge also grants letters of administration. The letters of administration grant legal authority to a specific individual to oversee the affairs of the estate. The court typically appoints a family member or an attorney to serve as the administrator of an estate of a person who did not prepare a will before death.

About the Author

Mike Broemmel began writing in 1982. He is an author/lecturer with two novels on the market internationally, "The Shadow Cast" and "The Miller Moth." Broemmel served on the staff of the White House Office of Media Relations. He holds a Bachelor of Arts in journalism and political science from Benedictine College and a Juris Doctorate from Washburn University. He also attended Brunel University, London.