Legal Question in Wills and Trusts in Illinois

Re: No Wills

You can handle this by small estate affidavit without need for court proceedings.

Hopefully, I am including a link to the Illinois statute. If it doesn't work as a link, copy the whole address and paste into the address area of your browser.

http://www.legis.state.il.us/ilcs/ch755/ch755act5articles/ch755act5Sub25.htm

Theoretically you could do this yourself, but I STRONGLY urge you see an attorney to go over this. It shouldn't take more than a couple of hours of attorney time.

Come with family information so the attorney can identify the heirs. Be sure you have a complete list of creditors, because the affidavit will provide for directing payment to them, and if you omit somebody you will be personally liable.

This will avoid any need for court, or to get an EIN.

Re: No Wills

Based on information provided, you should inventory the estate property, then contact a local attorney for options. If the property is to be distributed to family (spouse, children) and is about $20,000, family or simple probate administration is available. If real property or bank accounts only in his name are involved, will be necessary to petition the court for probate of intestate estate. You will probably need the services of a local attorney. Consult with at least two in order to decide on fees and options. Simplified probate involves a few forms and a few months. When probate is initiated, then you can establish a checking account and request an EIN number by completing an SS-4 and submitting it to the IRS. You will not get access to the bank account to pay the medical bills until the probate is filed and an executor appointed by the court.