Legal Question in Wills and Trusts in Illinois
attaining administrator of estate status
my husband died dec. 2007 leaving no will. How do I go about being appointed Administrator of his ''estate''? Up until today, I haven't had to have that documentation, but when I went to close his checking account, I was told I had to have a letter of Administration to accompany the death certificate. I went to the county courthouse, and the folks there were clueless. Help!
2 Answers from Attorneys
Re: attaining administrator of estate status
You have to petition the court to appoint you the administrator. If you can get all the heirs to agree to your appointment it is really easy. Either way, you should get an attorney for this, since you will be held personally liable for your actions as administrator. Therefore, if you do something wrong, you are liable personally for it. If you would like to speak to me about walking you through the process feel free to contact my office.
Re: attaining administrator of estate status
If your husband left an estate worth less than $100,000, you can administer his estate with the help of a "Small Estate Affidavit." This document will avoid the need for probate court and you will be able to resolve everything yourself.
Feel free to give me a call if you have any questions, or require assistance in the preparation of this document.
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