Illinois Probate Act 755 ILCS 5/10-2: Petition for Letters of Administration to Collect

“Letters” is a document issued by the Illinois Probate Court giving the person named the legal authority to as administrator for another person’s estate. There are different types of letters. For example, if the petitioner is the person a decedent named executor in his or her will, then the letters are called “Letters Testamentary” and the administrator is the executor. If the decedent did not leave a will, the letters are called “Letters of Administration” and the administrator is called the estate administrator. If the petition is related to the estate of a missing person or a delay in administration, then the letters are called, “letter of administration to collect.” To learn more about the process related to the issuance of letters of administration, including the requirements of Illinois Probate Act, section 10-2- Petition for letters of administration to collect, contact an experienced Chicago probate court attorney at the Law Offices of Stephen Bilkis & Associates.

Typically letters are issued by an Probate Court judge to a petitioner to give him (or her) the authority to settle a decedent’s estate. However, under Illinois Probate Act, section 10-1- Letters of administration to collect the Probate Court may issue letters to a petitioner authorizing him or her to serve as administrator to collect with the power to sue for and collect the personal estate and debts due the decedent or missing person and by leave of court to exercise the powers vested by law in an administrator under two conditions:

• Delay. When something happens that leads to a delay in the issuance of letters of office and it appears to the Probate Court that the estate of the decedent is liable to waste, loss or embezzlement
• Missing person. When a person is missing from his or her residence or cannot be located while in the military service.

Whenever person wishes to the Probate Court to issue him or her letters of administration, the person must petition the court. The same is the case with letters of administration to collection. Under Illinois Probate Act, section 10-2- Petition for letters of administration to collect, a person desiring to have letters of administration to collect issued on the estate of a deceased or missing person must file a petition with the Probate Court with jurisdiction. The petition must state the following information, if known:

• The name of the decedent
• Place of residence of the decedent at the time of his or her death
• Name and last known address of the missing person
• Time and place of the decedent's death or in the case of a missing person the facts and circumstances as to his being missing
• Approximate value of the decedent's or missing person's Illinois estate
• Anticipated gross annual income from his Illinois real estate
• In the case of missing person, the names and post office addresses of his nearest relatives
• Name and address of the person proposed as administrator to collect
• Reason for the issuance of letters

To ensure that you meet all of the technical and procedural requirement for filing petition for letters of administration to collection, contact an experienced probate court attorney in Chicago.

Under Illinois Probate Act, section 9-3- Persons entitled to preference in obtaining letters, the Probate Court will consider those with an interest in the estate in the following order of priority the surviving spouse, children who are also beneficiaries under the decedent’s will, other beneficiaries named in will, grandchildren, parents, siblings, other closet relative, representative of the estate of a deceased ward, public administrator, or creditor of the decedent. If you have questions about whether you have the right to appointment or whether you qualify, contact an experience Chicago probate court attorney.

1. Letters of administration to collect : Illinois Probate Act, 755 ILCS 5/10-1
2. Administrator to collect for missing person - notice: Illinois Probate Act, 755 ILCS 5/10-3
3. Powers and duties of administrator to collect: Illinois Probate Act, 755 ILCS 5/10-4

Petition for letters of administration to collect.) A person desiring to have letters of administration to collect issued on the estate of a deceased or missing person must file a petition therefor in the court of the proper county. The petition must state, if known: (a) the name and place of residence of the decedent at the time of his death or the name and last known address of the missing person; (b) the time and place of the decedent's death or in the case of a missing person the facts and circumstances as to his being missing or reported as missing or missing in action; (c) the approximate value of the decedent's or missing person's real and personal estate in this State and the amount of his anticipated gross annual income from his real estate in this State; (d) in the case of a missing person, the names and post office addresses of his nearest relatives in the following order: the spouse and adult children, if any; if none, the parents and adult brothers and sisters, if any; if none, the nearest adult kindred; (e) the name and address of the person proposed as administrator to collect; and (f) the reason for the issuance of letters.

If you are an interested party in an estate where there is a delay in the issuance of letters, or where there is a missing person, it is important to understand the rules related to how to move forward with the administration process, including the requirements of the Illinois Probate Act, section 10-2-pettion for letters of administration to collect. The skilled estate administration attorneys serving Chicago at the Law Offices of Stephen Bilkis & Associates have years of experience representing clients in estate matters before the Illinois Probate Court, including complex matters involving delays in the issuance of letters, missing persons, and estate litigation. Contact an attorney in our office at 855-454-5529 to schedule a free, no obligation consultation regarding your case. We serve individuals throughout Chicago.