In this article, our Cook County probate lawyers explain when probate is necessary in Cook County, Illinois. Probate is a court case in which the court oversees the distribution of a decedent's assets to his or her heirs and creditors.  In order to administer an estate in Illinois, probate will be necessary if:

• The decedent owned more than $100,000.00 in assets outside of either a trust or outside of accounts that are payable to a direct beneficiary upon death, OR
• The decedent owned any real estate outside of a trust that is not deeded with a right to survivorship for the decedent's spouse (even if there is a mortgage) outside of a trust

If probate is necessary, the person responsible for administering the estate, known as the executor, must have letters of office issued by the probate court before he or she can begin collecting the decedent's assets for distribution to creditors and heirs.  The executor will also have to file accountings, notices, and reports with the court regarding the collection and distribution of these assets.

‍

In this article, our Cook County estate attorneys explain how to administer an estate in Cook County, Illinois. If you are the Executor or Trustee of an estate you should have our Cook County probate attorneys handle the legal aspects of estate administration.  However, even when working with a probate attorney, there are still several actions you will need to take on your own.

1. Open an estate checking account
2. Keep records of all transactions that deal with the estate
3. Deposit any cash you receive into a checking account
4. Gather a complete list of assets owned by the decedent
5. Manage the estate by disconnecting utilities, filing for a change of address and obtaining insurance to protect assets
6. Handle financial matters by closing credit card accounts and notifying relevant financial institutions
7. Pay debts or expenses from estate checking account
8. Distribute remaining balance of estate to heirs as directed in decedents will
9. File income tax returns
10. File estate tax returns

In this article, our Cook County probate attorneys explain the probate process. In order to open a probate estate, our Cook County probate attorneys will file several documents with the probate court:

• Petition for Issuance of Letters of Office and Admission of Will:   This petition requests that a probate case be opened.  If there is a will, the petition requests that the will be admitted to probate.  It also requests that an order be issued by the court naming the petitioner as executor of the estate.  This order is called "Letters of Office," and it gives the executor the power to collect the assets of the estate and distribute them to creditors and heirs or legatees.  
• Affidavit of Heirship - The Affidavit of Heirship lists the individuals who stand to inherit from the estate.  If there is a will, these individuals are called "legatees."  In the absence of a will, they are called "heirs." 
• Affidavit as to Copy of Will - This is a sworn statement by the executor that, to the best of the executor's knowledge, the will be submitted to the probate court is accurate and the most recently executed will. 
• Oath of Office - This is an written oath sworn by the executor to fulfill his or her fiduciary duties associated with the administration with the estate. 
• Surety Bond or Non-Surety Bond - In order to initiate a probate case, a bond must be obtained by the executor from an insurance company to insure against the executor's mishandling of assets. 
• Notice to Heirs and Legatees - A notice that the executor must mail to all individuals who stand to inherit from the estate informing them that the probate case has been opened. 
• Publication Notice - Unknown creditors of the deceased must be informed that the probate case has been opened through publication in a newspaper for three consecutive weeks. 

Upon filing of these documents, a hearing will be held to appoint the executor and admit the will to probate.   

\