Legal Question in Wills and Trusts in Illinois
No Executor Named
My dad recently passed butleft no Will or named no on Executor of his Estate. I have two siblings. I have been handling all of his personal affairs. I now have a check made out to the Estate of xxx xxx (my dad's name). I do not have executorship papers to cash/deposit the check. I would like to deposit the check. What are the procedures for going through probate? How do I start this procedure? Is there a way of going around probate?
Please advise.
Thank you.
1 Answer from Attorneys
Re: No Executor Named
A probate estate is initiated by petitioning the court for letters of administration in the county where he lived. If the total value of the assets in your father's name is less than $100,000 you may be able bypass probate by using a small estate affidavit. You should discuss the options and procedure with an attorney.
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