Legal Question in Wills and Trusts in Illinois
First-time Executor (Illinois) - Initial Questions
I very recently found out that my deceased father named me as Executor in his will. Having done some very quick research on the role, I think I have a basic understanding of it, but I have the following questions:
a. How many days do I have to file the will at the courthouse? I thought I had read that it was 30 days...
b. What is the ''small estate'' affidavit limit in Illinois? I had read that is was $50,000 in previous years... but I was told over the phone by an attorney that it was now $10,000. Which is correct?
c. If planning to use ''small estate affidavit, how is the will filed, ''probate'' or ''non-probate''?
d. Does the fact that there is only a single beneficiary (the surviving spouse) listed on the will change the process?
e. What is the specific mechanism for the surviving spouse to assume the role of executor... is there a form or process?
f. My parents separated (not divorced). My father lived in a separate house willed to him in his name only by his mother. However, the deed on that house is still in his deceased parents names... their will was filed non-probate. When he died, my father left everything to my mother (the surviving spouse), but without his name on the deed, how does she obtain this property?
1 Answer from Attorneys
Re: First-time Executor (Illinois) - Initial Questions
a. Correct, IL statute say the will must be filed in the decedent's county of residence within 30 days of death.
b. It is currently $50,000. There is a pending bill in the IL house that might raise it to $100,000. Understand that this is based on the aggregate of assets in the decedent's sole name and that real estate cannot be transferred by small estate aff.
c. The will is still filed in the same manner, probate or no probate does not need to be indicated at that time. You can determine at any time that probate is needed or wanted.
d. Not really, though is makes the paperwork simpler because there will be less beneficiaries to send notices to. However, notice must be given to all heirs-at-law...with a surviving spouse this would include children.
e. Yes, the named executor (or his/her attorney) files a petition for probate of will with the court (and other documents) and schedules a date to open the estate. Some forms and procedures vary by county.
f. That is amore complex question. It sounds as if both of father's parents are deceased. A probate estate may need to be opened for the second to die between them to transfer it to "father" and then from father to surviving spouse.
I am a probate attorney in Palatine. I do probate work for Cook, Lake, DuPage, and McHenry counties. Feel free to give me a call at (847) 991-2250 if you have questions or might be interested in representation.
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