Legal Question in Wills and Trusts in Illinois

Unfortunately, you are going to have to open a probate estate in order to transfer this asset. Any estate valued at over $100,000 needs to be probated. The court will issue "letters of office" naming the executor (if there was a will) or the administrator (if there was no will).

If you don't have a probate attorney, you might want to contact the local Bar Association in your county. They usually have attorney referral services.

Good luck to you.

Your mother will have to apply for an order appointing her as the executor. This is done by filing a petition with the probate court in the county where your father resided at the date of his death. Then, upon fulfillment of necessary procedural requirements of the probate system, she will be able to present a copy of the letters appointing her executor to the bank and she may then have the money transferred into an account for the estate or to the beneficiaries. Your father's last bills may need to be paid out of the amount according to their legal priority. An attorney can help your mother with the probate, and if this is the only real issue, the fees and costs should be relatively minor.