Fill and Sign the Independent Administration Form

INDEPENDENT ADMINISTRATION CHECKLIST FOR CLOSING THE TESTATEESTATE MAILING OF NOTICES AND EXPLANATION OF RIGHTS --WAIVERS --PUBLICATION 755 ILCS 5/28-2(A) and Section 6-10 require the mailing of a copy of the Petition to Admit Will or for Letters and a copy of the order admitting or denying admission to each of the heirs and legatees within 14 days after entry of the order. This mailing must include an explanation of rights of the heirs and legatees to require a forma l proof of the will and of their right to contest the admission or denial of the admission of the will to probate. The explanations of rights must be in the form provided by Illinois Supreme Court Rule 108. Proof of mailing must be filed with the clerk. There is no need to mail a copy of the Petition and order to any heir or legatee who has personally appeared at a hearing on the Petition or who has filed a written waiver. Minors and disabled persons may not file waivers. You must also mail an explanation of rights of heirs and legatees to terminate the Independent Administration to all heirs and legatees in the form provided by Supreme Court Rule 110. There is no provision for waiving the requirement of mailing an explanation of rights to each heir and legatee. However, if a waiver sufficiently informs the heir or legatee of the ir rights, I would assume the mailing could be excused. Notice by publication is necessary for any heir or legatee whose name or mailing address is not contained in the Petition to Admit Will. SEE STATUTE REGARDING PUBLICATION. INDEPENDENT ADMINISTRATION CHECKLIST FOR CLOSING THE IN TESTATEESTATE MAILING OF NOTICES AND EXPLANATION OF RIGHTS --WAIVERS --PUBLICATION Intestate Estates can be independently administered. 755 ICLS 5/9-5 requires the mailing of the Petition and a Notice of Hearing to each person named in the Petition who is entitled to eithe r administer or to nominate a person to administer equally or in preference to the Petitioner. The mailing must be done not less than 30 days before hearing. Within 14 days of the entry of an order directing letters to issue, the administrator shall mail a copy of the Petition and the Order to all heirs not entitled to notice of the hearing on the Petition to Issue Letters. This requirement is excused if waivers are obtained. Minors and disabled persons may not file waivers. An explanation of rights of heirs to terminate Independent Administration must be mailed along with the copy of the Petition and Order in the form provided by Supreme Court Rule 110. Proof of mailing must be filed with the Clerk. Notice by publication is required as to all heirs not named in the Petition or whose addresses are not listed. THE FINAL REPORT In addition to referencing the above items, the Final Report must include the following information: CREDITORS -- Notice required by Section 18-3 must be published and reasonable care must have been used to determine creditors. Was Certificate of Publication filed? IF CLAIMS FILED --Were they allowed, disallowed, compromised, dismissed or were they time -barred? If the estate is not sufficient to pay all claims in full, have the claim s been paid according to their respective priorities? If no claims have been filed, state that no cl aims have been filed. INVENTORY AND ACCOUNTING --Were they mailed to each interested person pursuant to section 28-6 and 28-11? They need not be filed with the Court. DEATH TAXES --Are any taxes due? Have they been determined and paid? ADMINISTRATION EXPENSES--Have they been paid? DISTRIBUTION --Has the estate been distributed to the heirs and legatees? NAMES AND ADDRESSES OF PERSONS ENTITLED TO NOTICE OF THE FILING O F THE FINAL REPORT --Have those names and addresses been listed in the Final Report? FEES OF INDEPENDENT ADMINISTRATOR AND THEIR ATTORNEY --Have they been approved by all interested persons? (See next paragraph.) PERSONS ENTITLED TO NOTICE OF FINAL REPORT --All interested persons except: a) Paid creditors or creditors who file a written approval of the Final Report. b) Heirs and legatees whose signed receipts for distribution are filed with the report and who received the inventory and approved the final accounting. If any distribution is affected by the amount of fees of the personal representative and their attorney's fees, then heir or legatee m ust also approve the fees. c) Beneficiaries of a trust --assuming that the above matters were complied with by treating the trustee as an interested person. NOTICE OF FINAL REPORT MUST BE GIVEN WITHIN 14 DAYS OF THE FILING OF THE FINAL REPORT UNLESS APPROPRIATE WAIVERS HAVE BEEN OBTAINED. Notice must state that the interested person to whom the Final Report was mailed has 90 days to file any objections and that if none filed that the administrator will be discharged and the est ate closed. Proof of mailing the notice must be filed with the Clerk. NOTE: If the name or post office address of any person entitled to notice is not stated in the report (or if the estate was opened on the presumption of death) the independent representative shall publish a notice in compliance with section 28-11(e). A certificate of publication must be obtained from the newspaper and must be filed with the Clerk. ^Home