Legal Question in Wills and Trusts in Illinois

Re: letter of office

A "Letter of Office" is a formal Court order certifying the appointment and authority of a person (such as an Executor, Administrator or Guardian) to act on behalf of another person.

You will need to petition the Probate Court to have letters of office (i.e., authority) issued to the Executor; you will need to request an issuance of letters of office to an heir or interested person - called the Administrator of the estate. Letters of office authorize collection of the decedent's assets, satisfying his debts, and otherwise settling the estate.

Before letters of office are issued the Executor can arrange for the disposition of the decedent's remains and take such action as is necessary to preserve the estate. In many cases intestate estates incur bond/surety premiums to protect creditors, rightful heirs and legatees against error and omission in the administration of the estate.

Re: letter of office

"Letters of office" is the notice that tells 3rd parties that a probate estate has been opened and names an administrator. To get this, someone, usually one of the heirs, will have to petition the court to have a probate estate opened. It does not happen automatically and it is a court process with a judge. If the value of the estate assets is less than $100,000 then it may be possible to bypass the probate process and use a small estate affidavit to tramsfer the assets.