Petition For Probate Of Will And For Letters Testamentary (St. Clair) (St. Clair)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition For Probate Of Will And For Letters Testamentary (St. Clair) (St. Clair) is a commonly used form within Illinois. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Petition For Probate Of Will And For Letters Testamentary (St. Clair) (St. Clair)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Probate Of Will And For Letters Testamentary (St. Clair) (St. Clair):

• This form pertains to the State of Illinois

• The current version of this form was last revised on August 31, 2023

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Illinois’s Form Petition For Probate Of Will And For Letters Testamentary (St. Clair) (St. Clair) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Illinois form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Illinois probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Petition For Probate Of Will And For Letters Testamentary (St. Clair) (St. Clair), take a break, and then review. Probate and estate settlement processes in IL are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Petition For Probate Of Will And For Letters Testamentary (St. Clair) (St. Clair) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition For Probate Of Will And For Letters Testamentary (St. Clair) (St. Clair) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Illinois.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Illinois can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Illinois. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Illinois is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Illinois probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Illinois probate clerk or court for exact answers regarding Form Petition For Probate Of Will And For Letters Testamentary (St. Clair) (St. Clair), and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Probate Of Will And For Letters Testamentary (St. Clair) (St. Clair) is one of the many probate court forms available for download through Atticus.

It may also be available through some Illinois probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Illinois.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Petition For Probate Of Will And For Letters Testamentary (St. Clair) (St. Clair) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Illinois probate court office.

Petition For Probate Of Will And For Letters Testamentary (St. Clair) (St. Clair) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Illinois-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Illinois Form Petition For Probate Of Will And For Letters Testamentary (St. Clair) (St. Clair). You can use this to get an idea of the context of the form and what type of information is needed.

1 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE 20 TH JUDICIAL CIRUCIT ST. CLAIR COUNTY, ILLINOIS- IN PROBATE In the Matter of the Estate of ) ) Case No.:______________________ ) ______________________________ ) Deceased ) ) ) ) ) ) PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY _________________________________________________________________________on oath states: 1. ___________________________________________, whose place of residence at the time of death was ____________________________________________________________________________ (Address) (City) (County) (State) died_____________________, 20________ at _______________________________________________ (City and State) leaving a will dated____________________________________, 20_____, ________________________ (and Codicil dated____________, 20____) which petitioner believes to be the valid last will of the testor. 2. Approximate value of the estate in this state: Personal $________________ Real $________________ Annual income for real estate $_____________ 3. The names and post office addresses of the testator’s heirs and legatees are (list heirs first): Name Relationship Heir- H Legatee- L Minor- M Disabled Person- D Post Office Address (If unknown, so state) Hearing on petition set for ________ _____________________, 20_____. __________a.m./p.m., Room______ County Courthouse Belleville, Illinois ____________________________ (Judge) 2 4. The testator nominated as Executor the following, qualified and willing to act: NamePost OfficeAddress Petitioner asks that the will be admitted to probate and the letters testamentary issue. *5. The gross value as of the date of death if the decedent’s real and personal estate subject to administration in Illinois does not exceed $150,000. Petitioner requests independent administration. The name and post office address of the personal fiduciary designated to act during independent administration for each heir or legatee who is a minor or disabled person are shown to Exhibit A attached hereto and made a part of this petition. ________________________________ Petitioner Name_________________________________ Attorney for Petitioner__________________ Address_______________________________ City__________________________________ Telephone_____________________________ Email_________________________________ Address____________ ___________________ ___________ ________________________ Signed and Sworn to before me _ ______________________________, 20___ ___________ __________________________ Notary Public If a consul or consular agent is to be notified, name country:____________________________________ * Strike of not applicable 3 STATE OF ILLINOIS ) ) ) SS. St. Clair County ) PROOF OF DEATH __________________________________________ being duly sworn, deposes and says that ___________________________________________________________, late of the _________ of______________________, in the County of St. Clair and State of Illinois, departed this life at ___________________________, in said County, on or about the _______________day of _________________________________________, 20_____, and that _________died leaving __________ Last Will and Testament to the best of ________________ knowledge and belief and that ________died, aged_________years,_________, months,_______ days. ____________________________________ Subscribed and sworn to before this ________ day of _____________, AD 20_______. __________________________, Circuit Clerk By: ________________________________Deputy 4 STATE OF ILLINOIS IN THE CIRCUIT COUT OF THE 20 TH JUDICIAL CIRCUIT ST. CLAIR COUNTY- IN PROBATE In the Matter of the Estate of ) ) ) Case No.:________________________ _______________________________ ) ) ) OATH OF OFFICE I, _____________________________, on oath state that I will discharge faithfully the duties of the office of ____________________________________________________________ Signed and sworn to before me ___________________________, 20_______ ____________________________________ _____________________________________ ____________________________________ _____________________________________ ____________________________________ (Office Capacity) Name Attorney for Petitioner Address City Telephone Email 5 STATE OF ILLINOIS IN THE CIRCUIT COUT OF THE 20 TH JUDICIAL CIRCUIT ST. CLAIR COUNTY- IN PROBATE In the Matter of the Estate of ) ) ) Case No.:________________________ _______________________________ ) ) ) PROOF OF HEIRSHIP ___________________________________________________ being first duly sworn in open Court, on oath deposes as follows: My name is _______________________________________________________ My age is ___________years. I reside at ___________________________________________________ ____________________________________ and I am a _________________________ of said decedent. Said decedent was married_________times, and of said marriage_____ the following children were born: And that said______________________________________________, a resident of said County, died ______________________________________on ____________________________, 20_____, (Testate or Intestate) leaving ______________________ as ________________ ____________________ and leaving (His or Her) (Widow or Widower) ____________________________________________________as ______________heirs at law. (His or Her) Signed and sworn to before me_________ ) ) _____________________________, 20___ ) ______________________________________ ) Signature of Heir ___________________________________ ) Judge ) Signed and sworn to before me ___________________________________ _______________________________, 20____ Signature of Heir ______________________________________ Signature of Notary Public 6 STATE OF ILLINOIS IN THE CIRCUIT COUT OF THE 20 TH JUDICIAL CIRCUIT ST. CLAIR COUNTY- IN PROBATE In the Matter of the Estate of ) ) ) Case No.:________________________ _______________________________ ) ) ORDER FINDING HEIRSHIP On this day the matter of the heirship of the deceased comes before this court. The court having heard and examined evidence in open court and being sufficiently advised in the premises hereby finds that the said deceased departed this life_________________________ on the _______day of _________________________, 20_____, (Testate or Intestate) leaving the following heirs at law: NAME RELATIONSHIP AGE It is therefore ordered adjudged and decreed by the court that the said deceased left the above mentioned sole heirs at law upon _______ death, and that these heirs are entitled to their (his/ her) share of the proceeds from the settlement of this estate as prescribed by due process of law. ____________________________,20_____ ____________________________________ Judge Dated______________________, 20_____ ____________________________________ Clerk of the Circuit Court By: ________________________________ Deputy 7 STATE OF ILLINOIS IN THE CIRCUIT COUT OF THE 20 TH JUDICIAL CIRCUIT ST. CLAIR COUNTY- IN PROBATE In the Matter of the Estate of ) ) ) Case No.:________________________ _______________________________ ) ) ORDER ADMITTTING WILL TO PROBATE AND APPOINTING REPRESENTATIVE On the verified petition of _________________________________________________ for admission to the probate of the will of ____________________________________________ and for issuance of letters of office, the will having been proved as provided by law, * and the Court having found that the gross value as of the date of death of the decedent’s real and personal estate subject to administration in Illinois does not exceed $150,000. It is ordered that: 1. The will of _______________________________________________________dated _____________________________________________, 20________ be admitted to probate; (and codicil dated____________, 20_____.) 2. Letters of office as __________________________________________________ (Executor, Independent Executor, Administrator with will annexed, Independent administrator with will annexed) issue to _____________________________________________________________________; *3. The representative files an inventory within 60 days. Dated___________________, 20___ ENTERED: ______________________________ Judge Name Attorney for Petitioner Address City Telephone Email * Strike of not applicable. 8 STATE OF ILLINOIS IN THE CIRCUIT COUT OF THE 20 TH JUDICIAL CIRCUIT ST. CLAIR COUNTY- IN PROBATE In the Matter of the Estate of ) ) ) Case No.:________________________ _______________________________ ) ) BOND OF LEGAL REPRESENTATIVE- NO SURETY I, __________________________________________bind myself to the People of the State of Illinois that I will discharge faithfully the duties of the office of ____________________ The obligation of this bond in limited to $______________________________. *___________________________________ ____________________________________ Address ___________________________________________ APPROVED City ____________________________________, 20____. ______________________________________ Judge I certify that the person, whose name is signed above, is known to me and appeared before me and acknowledged that he signed it voluntarily. Dated______________________, 20______ **__________________________________ Clerk of the Circuit Court/ Notary Public Name Attorney for Address City Telephone Email * First name of legal representative must be written in full. ** Local rule may require acknowledgment before clerk of court instead of a notary public.