Legal Question in Wills and Trusts in Illinois
establishing executor
brother, unmarried with no will, died leaving estate and a live-in girl friend. how does eldest sibling establish executor status (all siblings agree0
2 Answers from Attorneys
Re: establishing executor
Representative may be appointed by filing a petition (plus other required court documents) for letters of administration in the county where the deceased brother lived. Probate procedure varies by county.
Re: establishing executor
from what you say there is no will, and you want an administrator. If there are no parents or spouse, the siblings have equal right to be administrator. If they are in agreement a petition is filed to have the choice appointed, and consents obtained from the others. At the court hearing he will need to present evidence to establish who are in fact the heirs, and a bond to secure his actions. Then notice must be published.
I will be happy to provide legal assistance in this if you wish.