The appointment of an executor or otherwise named an independent administrator is an important part of the probate process. Generally, an executor that is named in the will or revocable living trust. Most people do not understand that wills must undergo a process called probate court.
Probate court in the Yorkville, Oswego, and Kendall County area is held at the Kendall County Circuit Clerk’s Office at 807 John Street, Yorkville, Illinois. The Kendall County Courthouse handles administering wills and probate matters for the following cities in Kendall County:
- Aurora IL
- Oswego IL
- Newark IL
- Plattville IL
- Boulder Hill
KENDALL COUNTY PROBATE PAPERWORK
Administering a Will in Yorkville and Kendall County
Administering a Will in Kendall County requires different paperwork than administering an estate without a last will and testament. The following documents are required for the appointment of an executor in Yorkville and Kendall County:
- New Case Probate Information, which gives basic information to the Kendall County Circuit Court’s Office
- Petition for Admission of Will & Summary Administration is the legal document which is filed to support the appointment of a proposed executor or administrator of an estate involving a Will in Yorkville and Kendall County
- Bond Surety or otherwise known as a “Surety Bond”, which is insurance for the estate in case that the last will and testament did not waive the issuance of a surety bond for the estate
- Oath of Representative is where the executor or proposed administrator that takes the oath of oath swearing to uphold the duties of the executor and administer the estate with loyalty and competence. The Oath of Representative is where the executor to perform the acts required by law and follow Illinois law.
- Order Admitting Will to Probate Court and Appointment of Administrator is the appointment process authorized by the Kendall County Probate Court appointing an executor of a Will.
- Independent Administration Notice to Interested Parties is mailed to the heirs and legatees of a Will giving them notice that the last will and testament was approved by the court and giving them details involving important legal rights they have as heirs and legatees of a will
- Affidavit of Heirship is a legal document which swears under oath and states the heirs and legatees of a decedent or the person that deceased. An affidavit of heirship is the court document that the court relies upon to determine the heirs of a decedent.
- Order Declaring Heirship is the court order which legally declares who are the heirs of a decedent. Heirs are essentially the relevant family members as outlined by Illinois Probate law.
Administering an Intestate Probate Proceeding without a Will in Kendall County
Administering a decedent’s estate in Yorkville and Kendall County without a will requires the following legal court paperwork:
- New Case Probate Information as described above.
- Petition for Letters of Administration is the legal paperwork required for probating an intestate probate estate in Yorkville, Illinois. This legal document gives the court pertinent details such as the date of death of the decedent, the value of personal and real estate assets in the estate, the basic information about the person seeking appointment as an administrator, and the request that letters of office be issued to the proposed independent administrator of an estate.
- Oath of Representative as described above.
- A Surety Bond as described above.
- Order Appointing an Administrator to manage a decedent’s estate. This is a court order appointing a person to manage the decedent’s estate
- Order Declaring Heirship which is the legal finding of the court finding the heirs of a decedent’s estate.
BACKGROUND OF GATEVILLE LAW FIRM
Gateville Law Firm is an estate planning and probate law firm with offices in Yorkville and Kendall County. Our trusted probate attorneys assist administrators and executors of estates manage the probate process. Our probate attorneys in Yorkville and Kendall County help with the following probate matters:
- Administering Last Wills and Testaments
- Appointments of Executors and Administrators
- Giving appropriate notices to heirs and legatees
- Estate and Probate litigation resulting from probate court
Sean Robertson is a resident of Yorkville and Kendall County. Most Kendall County Probate Attorneys are not familiar with Kendall County. Sean Robertson is a full-time Kendall County Probate Lawyer. We also understand the probate and non-probate alternatives, which are often better suited to a family’s circumstances.
SKILLED AND EXPERIENCED PROBATE ATTORNEY IN KENDALL COUNTY
The lawyers of Gateville Law Firm are skilled and experienced probate attorneys in Kendall County. Sean Robertson has been licensed to practice law since 2004. Attorney Robertson is a graduate of DePaul University College of Law and University of Illinois at Urbana-Champaign. Attorney Robertson may be reached at 630-780-1034 or via online submission.