This article by our Tinley Park probate lawyers discusses the probate process in Illinois. Probate isn't always necessary for an estate, but when it is, there are certain steps your lawyer will take to ensure your probate case is handled in a timely manner. Your probate attorney will file several documents. Some of them include:
- Petition to Admit Will to Probate and for Letters of Office - This document requests that the court open the probate estate, allow the will to control the estate, and issue letters of office - the court order giving the executor the power to administer the estate.
- Affidavit of Heirship - A sworn statement by the executor listing the heirs of the estate.
- Affidavit as to Copy of Will - A sworn statement by the executor that the will being offered to the probate court is true and accurate.
- Oath of Office - A written oath by the executor to uphold his or her fiduciary duty associated with being the executor of the estate.