Legal Question in Wills and Trusts in Illinois
Where to obtain Letters of Office to set up an account in a bank to cash a check made out in the estate of, her name, as myself as executive administrator of my deceased wife's estate. I had asked the morgage company to change the billing title to my name only, and they titled the billing the estate of, her name, then mine. I refinanced my home, they sent me reinbustment check. I can not cash the check without setting up the account as myself as excretory. My wife had a will and it has filed at local county courthouse.
2 Answers from Attorneys
Letters of Office are obtained as the result of a Petition, filed in the probate court in the county in which the decedent resided at the time of death. If the amount at issue is less than $100,000 you may be able to negotiate the check with a "Small Estate Affidavit" which acts as a substitute for probate.
Talk to an attorney near you for more information, or start by asking your bank if they will cash the check with a small estate affidavit if that is appropriate.
As already suggested, it is highly likely that this is a matter resolvable with a Small Estate Affidavit. Best to use an attorney if the amount warrants it. Otherwise, the form is in the Illinois statutes and many of the county Circuit Court Clerk websites have it available too.
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