The Illinois Petition for Letters of Office (Independent Administration) is the court document that opens a probate estate and asks an Illinois circuit court to appoint a representative who can settle the decedent’s affairs without ongoing court supervision. Any interested person — a surviving spouse, adult child, named executor, sibling, creditor, or even the Public Administrator — can file it under the Illinois Probate Act of 1975.
Filing the wrong version, missing the heirship list, or skipping the independent administration request can stall the estate for months and force the representative onto the slower supervised track. According to the Administrative Office of the Illinois Courts annual statistical report, Illinois circuit courts open more than 38,000 decedents’ estates each year, and Cook County alone accounts for roughly one-third of that volume through its Probate Division.
Here is what this guide will walk you through:
- 📜 What the petition is, who must file it, and the statute that powers it
- 🗂️ Every document, ID number, and fact you need to gather before you start
- ✍️ A line-by-line walkthrough of every field, box, and signature block
- 👨👩👧 Three full filled-out scenarios using real-world Illinois fact patterns
- ⚖️ How to file, what the court does next, and the mistakes that cause rejection
What the Form Is and Who Must File It
The Petition for Letters of Office is the formal request asking an Illinois circuit court to admit a will (if one exists), declare heirship, and appoint a personal representative who can collect assets, pay debts, and distribute property. When the petitioner asks the court to issue Letters under the Independent Administration track, the representative gets full authority under Article XXVIII of the Probate Act to act without filing routine accountings or seeking court approval for sales, distributions, or claim settlements. The current statewide form, Form PR‑P 1701.1, revised December 2023, is the version most circuit clerks accept; Cook County continues to accept its local form CCP 0301 alongside the state form.
The person who files is called the petitioner. The person they ask the court to appoint is the representative — called an executor if a will names them, or an administrator if there is no will. Under 755 ILCS 5/9‑3, the right to nominate an administrator follows a strict order: surviving spouse first, then children, then grandchildren, parents, siblings, and so on. A creditor may petition only after 30 days have passed since death and no preferred person has come forward.
Independent administration is the default Illinois preference. The Probate Act says the court shall grant independent administration when the will requests it, all heirs and legatees consent, or no one objects after notice. Supervised administration is reserved for contested estates, estates with minor or disabled beneficiaries who lack a guardian, or situations where the court finds good cause to require closer oversight under 755 ILCS 5/28‑2.
Before You Start: Documents and Information You Need
Gather every document below before you open the petition. Missing even one item can force the clerk to reject the filing or the judge to continue the hearing, and continuances in busy counties like DuPage and Lake can push appointment back four to eight weeks.
- Certified death certificate — Order at least three certified copies from the Illinois Department of Public Health; banks and the Secretary of State will not release assets without one.
- Original will and any codicils — The original (not a copy) must be deposited with the clerk within 30 days of learning of the death under 755 ILCS 5/6‑1, or the holder risks contempt and damages.
- List of heirs at law — Even with a will, you must list every person who would inherit under intestacy, with full legal names, addresses, ages (or “adult”), and relationship to decedent.
- List of legatees — Every person or charity named in the will, with the same identifying details.
- Approximate value of personal estate — A good-faith estimate of bank accounts, vehicles, brokerage accounts, and tangible personal property, used to set bond.
- Approximate annual income from real estate — Rental income only, not the value of the real property itself.
- Decedent’s last address and date of death — Determines venue under 755 ILCS 5/5‑1, which fixes filing in the county of residence.
- Proposed representative’s name, address, and phone — Plus a statement that they are over 18, a U.S. resident, and not adjudicated disabled or convicted of a felony.
- Filing fee or fee waiver application — Cook County charges roughly $345 to open an estate; smaller counties range from $200 to $300. Use Form FA‑P 601 to ask for a waiver.
- Surety bond information — Unless the will waives bond and independent administration is granted, you’ll need a surety underwriter ready to issue a bond for 1.5x the personal estate value.
Where to Get the Form and How to Access It
The statewide approved petition lives on the Illinois Courts Approved Forms page under the Probate category, where it is published as a fillable PDF that can be typed into and saved. Cook County filers may also download CCP 0301 from the Clerk of the Circuit Court of Cook County’s forms portal, which mirrors the state form but adds local case management codes. Illinois Legal Aid Online hosts a free guided interview at illinoislegalaid.org that completes the petition for you and outputs a print-ready PDF.
You cannot fill the petition out inside the e‑filing portal. Illinois requires e‑filing of probate documents through eFileIL on the Odyssey portal, so you complete the PDF on your computer first, then upload it as a lead document with the will, oath, and bond as supporting documents. The portal accepts PDF only, with each file under 25 MB.
Pro se filers who want paper assistance can visit any circuit clerk’s self‑help desk; both the Cook County Clerk and the DuPage County Circuit Clerk keep printed copies behind the counter. Always confirm the revision date in the lower-left footer of the form matches the current version on the state website, because clerks will reject petitions submitted on a superseded form.
Step-by-Step: How to Fill Out Illinois Petition for Letters of Office Line by Line
The petition is laid out in a heading block, eight numbered paragraphs, a verification, and a signature line. Each field below uses the exact label printed on the December 2023 revision of the statewide form. Sample entries are italicized so you can tell them apart from instructions.
Caption: Court, County, and Case Number
The caption sits at the top of page one and tells the clerk which court is hearing the case. Write the full court name on the first line, the county name on the second, and leave the case number blank for the clerk to assign.
You write the court name in all caps as IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, then on the next line write DUPAGE COUNTY, ILLINOIS. The case number line stays blank until e‑filing returns a stamped copy with the assigned number, typically formatted as 2026 P 000123.
For example, Maria Lopez files in Will County for her late father; she writes IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, WILL COUNTY, ILLINOIS. A nuance arises when the decedent moved between counties in their final year — venue follows the last place of residence, not where they died, so a parent who died in a Cook County hospital but lived in Naperville files in DuPage.
A common mistake is filing in the county where the decedent owned real estate rather than where they lived; the clerk will reject the petition and you forfeit the filing fee. The misconception filers carry is that the court “where the will was signed” has jurisdiction — it does not.
Paragraph 1: Decedent’s Name, Address, Date of Death, and Age
This paragraph identifies the person whose estate is being opened. The form asks for the decedent’s full legal name, last residence street address, date of death, and age at death.
Write the decedent’s name exactly as it appears on the death certificate, even if it differs from the will. Format the date of death as MM/DD/YYYY and age as a whole number, like Robert James Carter, 482 Maple Street, Wilmette, Illinois 60091, died 04/12/2026, age 78.
If the decedent used aliases or maiden names that appear on assets, add them as also known as (a/k/a) on the same line: Margaret Ann Sullivan a/k/a Margaret A. Murphy. The edge case here is a decedent who died abroad — list the foreign address but verify Illinois residency separately, because non‑resident estates require ancillary administration under 755 ILCS 5/22‑1.
A common mistake is writing the decedent’s nickname (Bob Carter) instead of the legal name; banks will refuse to release funds when the Letters don’t match account titling. The misconception is that you must use the name on the will — you must use the name on the death certificate, with the will’s name added as a/k/a.
Paragraph 2: Will Status (Testate or Intestate)
This paragraph tells the court whether the decedent left a valid will. Two checkboxes appear: one for died testate and one for died intestate.
Check testate and write the date the will was signed if you have an original will, like Decedent died testate on 06/15/2019. Check intestate if no will exists or the original cannot be found after diligent search.
If a copy of the will exists but the original is lost, you must check testate and file a separate Petition to Admit Lost Will under 755 ILCS 5/6‑20, which requires testimony from two witnesses. The nuance with codicils is that each codicil’s date must be listed separately.
A common mistake is checking intestate when a will exists but the family hasn’t located it yet; once the will surfaces, the entire administration must be reopened. The misconception is that a handwritten will is automatically invalid in Illinois — holographic wills are invalid here, but a typed will signed by the decedent and two witnesses is fully enforceable.
Paragraph 3: Names, Addresses, and Ages of Heirs
Even when a will exists, Illinois requires the petition to list every heir at law — the people who would inherit if there were no will. Use the descent and distribution rules in 755 ILCS 5/2‑1 to identify them.
List each heir’s full name, complete street address, and age. For adults, write adult; for minors, write the actual age. A surviving spouse and two adult children appear as Helen Carter (spouse), 482 Maple St., Wilmette, IL 60091, adult; David Carter (son), 1209 Oak Ave., Evanston, IL 60201, adult; Sarah Lin (daughter), 88 Cedar Rd., Madison, WI 53703, adult.
The edge case is half-blood siblings, who inherit the same as whole-blood siblings under Illinois law, and posthumous children, who must be listed if the decedent’s spouse was pregnant at death. Adopted children inherit from adoptive parents only — never list biological parents of an adopted-out child as heirs.
A common mistake is omitting estranged or out-of-state heirs because the family does not want them involved; the court will set aside any order for fraud upon the court. The misconception is that step-children are heirs — they are not, unless legally adopted.
Paragraph 4: Names, Addresses, and Ages of Legatees (Testate Estates Only)
If the decedent died testate, list every person and charity named in the will, with the same identifying details required for heirs. Skip this paragraph entirely if intestate.
Format each legatee like First Presbyterian Church of Wheaton, 715 N. Carlton Ave., Wheaton, IL 60187, organization. For minor legatees, list the minor’s age and name a parent or guardian for service of notice purposes.
A nuance is contingent legatees — beneficiaries who only take if a primary legatee predeceases — must still be listed because they have a right to notice under 755 ILCS 5/9‑5. Specific bequest legatees (the neighbor who gets the piano) get listed alongside residuary legatees.
A common mistake is omitting charities because filers think non-profits don’t need notice; charities can object and the Attorney General’s Charitable Trust Bureau monitors charitable bequests. The misconception is that legatees and heirs are the same list — they often overlap, but each requires its own paragraph.
Paragraph 5: Approximate Value of the Estate
This paragraph gives the court a snapshot of estate size, which drives bond, jurisdiction, and whether small-estate procedures might apply. The form asks for personal estate value and annual income from real estate.
Write a dollar figure rounded to the nearest hundred for personal property, like Personal estate: approximately $185,000. Annual income from real estate: $0. Real estate is excluded from personal estate because Illinois real property passes outside probate-administered personalty for valuation purposes here.
The edge case is jointly held property — joint accounts with rights of survivorship and TOD/POD designations are not part of the probate estate and should be excluded from the figure. Tangible personal property like furniture, jewelry, and vehicles is included at fair market value, not insured value.
A common mistake is inflating the figure to “be safe,” which forces a higher bond premium and wastes estate funds; bond costs roughly 0.5% of the bond amount annually. The misconception is that life insurance with a named beneficiary counts — it does not, because it passes by contract.
Paragraph 6: Request for Independent Administration
This is the heart of an independent administration petition. The form contains a paragraph stating the petitioner asks the court to grant Letters of Office under independent administration as authorized by 755 ILCS 5/28‑2.
You leave the language as printed and check the box that matches your basis: the will directs independent administration, all heirs and legatees have consented in writing, or no objection has been filed within the time required after notice. Attach the signed Consents to Independent Administration as exhibits when relying on consent.
The nuance is that even one minor or disabled heir/legatee without a court-appointed guardian ad litem can defeat the consent route, forcing supervised administration unless the will directs otherwise. The Probate Act allows the court to require supervised administration any time it finds good cause.
A common mistake is forgetting to check the box at all; the clerk will still file the petition, but the judge will issue supervised Letters by default, costing months of court approvals later. The misconception is that “independent” means no court oversight — claims still get adjudicated, and any interested person can demand supervised administration at any time under 755 ILCS 5/28‑4.
Paragraph 7: Proposed Representative
Identify the person you want appointed, their address, and their statutory qualifications. The form asks you to confirm the proposed representative is a U.S. resident, at least 18, of sound mind, not adjudicated a person with a disability, and not convicted of a felony.
Write the full proposed representative information like Petitioner requests that Helen Carter, 482 Maple Street, Wilmette, IL 60091, be appointed Independent Executor. Use Independent Administrator for intestate estates and Independent Executor for testate estates where the will names the person.
The edge case is non-resident representatives — an Illinois non-resident may serve only if they appoint an Illinois resident agent for service of process under 755 ILCS 5/9‑1. Banks and corporate fiduciaries qualify automatically if licensed in Illinois.
A common mistake is naming a representative who has a felony conviction without disclosing it; the court will void the Letters and surcharge the petitioner for any losses. The misconception is that the will’s named executor must be appointed — they can decline, be unfit, or be passed over by the court for cause.
Paragraph 8: Bond and Surety
This paragraph addresses whether the representative must post a bond and, if so, in what amount. The form contains language requesting the court fix bond at 1.5 times the personal estate value plus annual real estate income, unless waived.
Check the bond waived box if the will waives surety, like The will waives bond and surety, and petitioner asks that bond be set without surety. If no waiver applies, write the bond amount as Bond is requested in the amount of $277,500 with corporate surety.
The nuance is that even a will that waives bond cannot waive bond when the representative is a non-resident or when the court finds good cause for surety. Independent administration alone does not waive bond — only the will or unanimous consent of adult competent heirs/legatees does.
A common mistake is calculating bond on the gross estate including real estate value; bond is keyed to personal estate plus rental income only. The misconception is that surety is optional once bond is “set” — surety is a separate requirement, and a personal bond without a corporate surety is rare and discretionary.
Verification and Signature Block
Illinois requires the petition to be verified — sworn to under penalty of perjury under 735 ILCS 5/1‑109. The verification appears just above the signature line.
Sign your name, print your name underneath, and add your address, phone, and email. The signed verification reads Under penalties as provided by law pursuant to Section 1‑109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct. Add the petitioner’s signature, then the attorney’s signature on a separate line if represented.
The nuance is that e‑filed petitions accept /s/ Helen Carter as a typed signature under Illinois Supreme Court Rule 9, but the petitioner must keep a wet-ink original for seven years. Notarization is not required because the Section 1‑109 verification substitutes for an oath.
A common mistake is having the attorney sign the verification instead of the petitioner; only the petitioner can verify the facts. The misconception is that you can verify on “information and belief” — Illinois requires actual knowledge for the heirship paragraphs, which is why diligent search affidavits often accompany the petition.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Helen Carter — Surviving Spouse, Testate, Will Waives Bond
Helen Carter’s husband Robert died in Wilmette leaving a will that names her executor, waives bond, and directs independent administration. They had two adult children and a $185,000 personal estate.
| Form Section | What Helen Enters |
|---|---|
| Caption | IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS, COUNTY DEPARTMENT, PROBATE DIVISION |
| Paragraph 1 — Decedent | Robert James Carter, 482 Maple St., Wilmette, IL 60091, died 04/12/2026, age 78 |
| Paragraph 2 — Will Status | Checks testate; writes will dated 06/15/2019 |
| Paragraph 3 — Heirs | Helen Carter (spouse), David Carter (son), Sarah Lin (daughter), all adults, with addresses |
| Paragraph 4 — Legatees | Same three names plus First Presbyterian Church of Wilmette |
| Paragraph 5 — Value | Personal estate $185,000; annual real estate income $0 |
| Paragraph 6 — Independent Admin | Checks will directs independent administration |
| Paragraph 7 — Representative | Helen Carter, 482 Maple St., Wilmette, IL 60091, Independent Executor |
| Paragraph 8 — Bond | Checks bond waived by will |
| Verification | Helen Carter, signed under Section 1‑109 |
Scenario 2: David Park — Adult Child, Intestate, Out‑of‑State Sibling
David Park’s mother died in Naperville without a will. She owned a paid‑off house, a $90,000 brokerage account, and had two children: David in Illinois and his brother Jason in California.
| Form Section | What David Enters |
|---|---|
| Caption | IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, DUPAGE COUNTY, ILLINOIS |
| Paragraph 1 — Decedent | Soo‑Jin Park, 1455 Brookdale Rd., Naperville, IL 60563, died 02/03/2026, age 71 |
| Paragraph 2 — Will Status | Checks intestate |
| Paragraph 3 — Heirs | David Park (son), Naperville, IL, adult; Jason Park (son), San Jose, CA, adult |
| Paragraph 4 — Legatees | Not applicable — intestate |
| Paragraph 5 — Value | Personal estate $92,000; annual real estate income $0 |
| Paragraph 6 — Independent Admin | Checks all heirs have consented in writing; attaches Consents from David and Jason |
| Paragraph 7 — Representative | David Park, Independent Administrator |
| Paragraph 8 — Bond | Bond requested at $138,000 with corporate surety |
| Verification | David Park, signed under Section 1‑109 |
Scenario 3: Janet Russo — Sibling Petitioner, Unmarried Decedent, No Will
Janet Russo’s brother Marco died in Rockford unmarried, no children, no will. Their parents predeceased him, leaving Janet and one other sibling as heirs. Marco owned a car and a $42,000 bank account.
| Form Section | What Janet Enters |
|---|---|
| Caption | IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, WINNEBAGO COUNTY, ILLINOIS |
| Paragraph 1 — Decedent | Marco Russo, 220 Charles St., Rockford, IL 61104, died 11/20/2025, age 56 |
| Paragraph 2 — Will Status | Checks intestate |
| Paragraph 3 — Heirs | Janet Russo (sister), Rockford, IL; Anthony Russo (brother), Madison, WI, both adults |
| Paragraph 4 — Legatees | Not applicable |
| Paragraph 5 — Value | Personal estate $46,500; annual real estate income $0 |
| Paragraph 6 — Independent Admin | Checks all heirs have consented; attaches Anthony’s notarized Consent |
| Paragraph 7 — Representative | Janet Russo, Independent Administrator |
| Paragraph 8 — Bond | Bond at $69,750 with corporate surety |
| Verification | Janet Russo, signed under Section 1‑109 |
How to File the Completed Form
Illinois requires e‑filing for almost all civil cases, including probate, through the eFileIL portal operated by Tyler Technologies. Pro se filers may apply for an exemption to file on paper, and the Cook County Probate Division accepts paper filings at the Daley Center, Room 1202.
Online (eFileIL): Upload the petition as the lead document and the will, oath, bond, and consents as supporting documents at efile.illinoiscourts.gov. Pay by credit card or e‑check; Cook County’s filing fee is approximately $345, DuPage charges around $311, and downstate counties typically run $230 to $300. The portal returns a stamped, file-marked copy within 24 to 72 business hours, which is your proof of filing — save it as a PDF.
In Person: Bring three copies of the petition, the original will, and a check made payable to the Clerk of the Circuit Court to the probate division of the appropriate courthouse. The clerk stamps your “judge’s copy,” “file copy,” and “service copy” on the spot and assigns a case number. Processing time is same-day, and the stamped copy is your proof of filing.
By Mail: Few counties still accept mailed probate petitions, but where allowed (mostly small downstate counties), include a self-addressed stamped envelope and a check. Processing takes 7 to 14 days. Track the envelope with certified mail return receipt as proof of filing.
After filing, you must serve a Notice to Heirs and Legatees within 14 days under 755 ILCS 5/6‑10, publish notice to creditors in a county newspaper for three consecutive weeks under 755 ILCS 5/18‑3, and file a Proof of Mailing or Publication with the court.
What Happens After You File
The clerk assigns a case number and sets the petition for a brief hearing — usually 14 to 45 days out depending on the county’s calendar. In Cook County, ex parte presentation rooms hear unopposed petitions within minutes; downstate, hearings often go on a regular probate call.
At the hearing, the judge reviews the petition, admits the will to probate if testate, enters an Order Declaring Heirship, and signs the Order Appointing Representative. The proposed representative then signs the Oath and Bond (statewide form), and the clerk issues the Letters of Office — typically a one‑page document with the court seal that the representative shows to banks, the Secretary of State, and the IRS.
Once Letters issue, the representative has 60 days to mail a Notice to Heirs and Legatees informing them of their right to demand supervised administration or contest the will, and 90 days to file an inventory under 755 ILCS 5/14‑1. The creditor claim period runs six months from the date of first publication. The representative cannot make final distribution until that six-month claims window closes.
Mistakes to Avoid When Filling Out the Form
- Filing in the wrong county. Venue is the decedent’s last residence; filing where they owned property or where you live forces dismissal and refiling.
- Listing only legatees, not heirs. Even a testate estate must list all heirs at law; omitting them causes the clerk to reject the petition.
- Using the will’s name instead of the death certificate name. Banks will not match accounts to the Letters, freezing assets.
- Forgetting to check the independent administration box. The court issues supervised Letters by default, requiring court approval for every sale and distribution.
- Inflating personal estate value. Triggers a higher bond premium and wastes thousands in estate funds.
- Including jointly held or POD assets in personal estate. Those pass outside probate and should never appear in Paragraph 5.
- Naming a non-resident representative without an Illinois agent. The judge will deny appointment until an agent is appointed.
- Skipping the verification. An unverified petition is a nullity in Illinois and gets rejected at e‑filing intake.
- Forgetting to file the original will within 30 days. Triggers contempt exposure under Section 6‑1 of the Probate Act.
- Missing the heir-notice mailing within 14 days. Delays the closing of the claim period and exposes the representative to surcharge.
- Failing to publish creditor notice. Leaves the estate open indefinitely because the six-month bar never starts.
- Submitting on a superseded form revision. Clerks reject petitions that don’t carry the current revision date in the footer.
Do’s and Don’ts
Do’s
- Do confirm the form revision date matches the version on the Illinois Courts forms page before filing.
- Do attach signed Consents to Independent Administration whenever you rely on heir/legatee consent.
- Do order at least three certified death certificates so banks, the IRS, and the Secretary of State can each keep one.
- Do calculate bond on personal estate plus annual rental income only, never on real estate value.
- Do save the file-marked PDF returned by eFileIL as your permanent proof of filing.
- Do list every heir at law even when the estate is testate, because the statute requires it.
Don’ts
- Don’t check intestate before completing a diligent search for the original will.
- Don’t sign the verification on behalf of someone else; only the petitioner has standing to verify.
- Don’t omit estranged or out‑of‑state heirs to “keep things simple”; the court can void the order for fraud.
- Don’t list life insurance, IRAs, or 401(k)s with named beneficiaries in the personal estate value.
- Don’t assume a will that waives bond also waives surety in every situation; non-residents still post surety.
- Don’t file the original will as an “exhibit” attachment without separately depositing it with the clerk.
Pros and Cons of Filing on Your Own vs. With Help
Pros of Filing Pro Se
- Saves $2,500 to $7,500 in typical attorney flat fees for a routine independent administration.
- Free guided interview available through Illinois Legal Aid Online.
- Clerks at Cook, DuPage, and Lake counties offer self-help desks staffed daily.
- You learn the estate’s records intimately, which speeds inventory and accounting.
- Independent administration’s reduced court contact makes solo filing more realistic than supervised.
Cons of Filing Pro Se
- A single missed heir or wrong venue can void Letters months later and trigger personal liability.
- Bond underwriters often refuse to issue surety to a pro se administrator.
- Will contests, creditor disputes, or real-estate sales almost always require counsel mid-stream.
- The representative remains personally liable for tax filings (federal Form 1041, Illinois IL‑1041) that pro se filers often miss.
- Time cost — a routine estate runs 9 to 14 months even with experienced counsel; longer alone.
FAQs
Can I file a Petition for Letters of Office without a lawyer?
Yes. Illinois allows pro se probate filings for individuals representing themselves, but corporate representatives and most contested matters require licensed counsel under Illinois Supreme Court Rule 137.
Do I have to use independent administration?
No. Independent is the preferred default, but you may request supervised administration in Paragraph 6, and the court can order supervised on its own motion for good cause.
Is bond always required?
No. A will that waives bond, unanimous consent of competent adult heirs and legatees, or a small estate under the affidavit threshold can eliminate bond, though non-resident representatives almost always post surety.
How long after death must I file?
No strict deadline exists, but the original will must be deposited with the clerk within 30 days of learning of the death, and creditor periods only start once you publish notice.
Do I write the decedent’s nickname in Paragraph 1?
No. Use the legal name on the death certificate, then add aliases as a/k/a so bank records and Letters match.
Should I list step-children as heirs in Paragraph 3?
No. Step-children are not heirs under 755 ILCS 5/2‑1 unless legally adopted, though they can still be legatees if named in the will.
Do jointly titled bank accounts go in Paragraph 5?
No. Joint accounts with rights of survivorship and POD/TOD accounts pass outside probate and never count toward the personal estate figure used for bond.
Can a felon serve as Independent Executor?
No. A felony conviction disqualifies a representative under 755 ILCS 5/9‑1, and concealing one voids the Letters.
Is the petition filed in the county where real estate sits?
No. Venue is the decedent’s last county of residence, even if all real property is elsewhere; ancillary administration handles out‑of‑state real estate separately.
Do I need to notarize the petition?
No. Illinois Section 1‑109 verification under penalties of perjury substitutes for an oath, so notarization is unnecessary on the petition itself.
Can two people serve as co‑representatives?
Yes. The petition can request co‑executors or co‑administrators, but both must qualify, both sign the oath, and the bond is set jointly.
What if I find the will after filing as intestate?
Yes, you can fix it by filing an Amended Petition and a Petition to Admit Will, but the prior intestate appointment may need to be vacated and Letters reissued.
How much is the filing fee?
Yes, fees vary by county — roughly $345 in Cook County, around $311 in DuPage, and $230 to $300 in most other Illinois counties, with fee waivers available for low-income filers.
Can I e‑file the petition?
Yes. Probate cases must be e‑filed through eFileIL unless the filer obtains a paper-filing exemption from the chief judge.
Related reading
- How to Fill Out Illinois Affidavit of Heirship (w/Examples) + FAQs
- How to Fill Out Illinois Final Report (Probate) (w/Examples) + FAQs
- How to Fill Out Illinois Inventory of Estate (w/Examples) + FAQs
- How to Fill Out Illinois Petition for Letters of Office (Supervised Admin) + FAQs
- How to Fill Out Illinois Small Estate Affidavit (w/Examples) + FAQs
- How to Fill Out Indiana Petition for Probate of Will (w/Examples) + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs