Legal Question in Wills and Trusts in Illinois

Letters of Office are issued by the probate court if and when a probate estate is opened. Depending on the extent of your mother's assets, opening an estate may or may not be necessary.

If you'd like to discuss, feel free to contact me, or take a look at my website at www.illinoisestateplan.com.

Letters of Office is the name for the paperwork a probate court issues appointing an executor or administrator. When a decedent leaves assets with no beneficiary designation, a court proceeding may or may not be needed. In Illinois, estates comprised of assets valued below $100,000 with no real estate involved may be administered through use of a "small estate affidavit" which your mother's bank should be fully familiar with. If you think use of a small estate affidavit may be appropriate, my suggestion would be that you go back to the bank and ask them if they have their own form they want you to use. If there is more than $100,000 in your mother's name or payable to her estate, or if your mother left real estate titled in her name alone, you will probably have to open a court case. Otherwise, try to engage the bank in conversation regarding the use of the Illinois small estate affidavit.