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Intestate in Illinois

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Reyup

Junior Member
What is the name of your state (only U.S. law)? Illinois


Hello, my father passed away in Dupage County, IL, and did not have a will. The heirs are myself, my sister and my mother. My parents were separated, not legally, and the three of us get along and will amicably split the assets. Is it possible to handle the probate court issues without a lawyer? I've researched the issues a bit and it looks like this is what I would need to complete:

Intestate Estate:

Petition for Letters of Administration
Affidavit of heirship (either “spouse and descendants” or “collateral heirs”)
Appearance for Letters of Administration (where notice is waived by heirs)
Oath of Office
Surety Bond
Order declaring heirship
Order appointing representative (i.e. Administrator)
Publication Notice
Notice of hearing (to heirs)
Independent Administration – Publication Notice



I would be the administrator of the account. I believe the assets are in the area of 150k, in IRA's, CD's, brokerage accounts and checking/ savings. I have no legal background, but I'm an accountant and used to filing out government forms if that matters.

Thanks-
 


curb1

Senior Member
These accounts would directly pass to beneficiaries if there were beneficiaries listed with the accounts.
 

Reyup

Junior Member
These accounts would directly pass to beneficiaries if there were beneficiaries listed with the accounts.

Some of the IRA's have beneficiaries listed, others do not. And the brokerage accounts, which make up a substantial portion do not have beneficiaries listed.
 

justalayman

Senior Member
it's seems odd that an IRA would not have a bene listed. Heck, I would think that everything with the possible exception of the regular old bank accounts would likely have bene's.

to the split of assets, after all debts are paid, is 50% to your mother and you and sister split the other 50%.

as to the process itself, I can't offer much help there.
 

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