Legal Question in Wills and Trusts in Illinois

I am sorry for your loss. The answer depends on a thorough analysis of the situation. Generally, estates pass through probate, a court proceeding to finalize the affairs of the decedent. Letters of Office are issued as part of the proceeding, but it is actually other forms that are filed to get the Letters of Office. There are exceptions to having to go through probate. In Illinois, if the estate value is less than $100,000, then a Small Estate Affidavit may suffice, although one still wants to be careful if there is a risk of unknown claims. The transfer of real estate can sometimes be handled by a title company assessing documentation and taking on the risk that the estate is not being put through probate. You should note that the will should be filed with the Circuit Clerk for the county in which the decedent lived (regardless whether the estate will be put through probate). Regardless your decision, it is best that you work with an attorney. What the estate spends now might be saved many times over in avoiding issues down the road.