When someone dies, families often ask: How hard will it be to transfer their property? In Illinois, you must have formal probate if the person had personal property in their name that totals more than $150,000. Once a case is in probate court, it often takes at least six months to finish.
The type of probate administration you choose can affect the length of the process and how the court gets involved.
The 2 formal types
Under Illinois law, there are two recognized types of formal administration. Unless your deceased loved one’s estate can bypass probate, your family will need to choose. The two probate processes differ in noticeable ways, which makes comparison relevant.
One type lets the personal representative manage the estate with little court oversight. The other type needs court approval for big actions like selling assets.
- Independent administration: This is the most common method for uncontested estates. It is more efficient, as your executor or administrator can take action without asking the court for permission each time. Additionally, it requires minimal court appearances compared to the other option.
- Supervised administration: This involves direct oversight by the probate court during significant changes. The estate’s personal representative must petition the probate court first. This administration type works best when the will explicitly requests it, beneficiaries disagree or there are disputes regarding the estate.
Depending on your needs, both options can be suitable for your family’s estate administration needs.
What works best for you?
There is no “right” choice. Under specific conditions, one could be a more practical option. For example, you may need to choose supervised probate administration if there are complex issues. There are also alternatives to explore for small estates.
Families handling estate management need to carefully consider their options. If you are seeking security, contact your legal representative and discuss the benefits of both probate processes for your situation.