When a deceased person dies, they are called a decedent. In Illinois, if you die without a will, intestate succession laws govern the inheritance or distribution of their assets or estate. Intestate succession is an Illinois based law that makes an assumption on who should inherit a person's assets. Thus, in Illinois, Jane Smith who dies without a will, there is a state of Illinois law that governs who should inherit her assets such as her spouse or kids or adult children.
Probate court is a court that hears issues such as who should inherit upon death. Probate court also determines who should be an executor of the estate. How do you get your case heard in probate court in Cook County or Will County? You or an attorney simply files a Petition for Independent Administration, which is a form, which gives details about the decedent such as the property that they own, their date of death, and their decedents or heirs. There also must be a person that applies to get appointed as independent administator or executor of the estate.
The estate is considered the assets of the deceased person. An independent administor is a person that is responsible for managing the day to day affairs of the deceased person's estate such as filing taxes, working with heirs, working with the attorney, and selling any assets such as real estate, a business, etc.
Sean Robertson is an estate planning attorney concentrating in asset protection, wills and trusts, and probate administration in Cook County, Dupage County, and Will County. Sean Robertson can be reached at (312) 498-6080 or 630-364-2318 (Naperville).
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