Limits & Logistics
Document Limits
Courtesy Copies
Brief
Court-wideCourt Document, Exhibit
Court-wide- No Later Than 4 30 Pm Three Business Days Before Hearing
Courtesy copies
Court-wide- Hand Delivery
- Upon request
Extended Media Coverage Request
Court-wide
Adjournments
Court-wideRequest must include
Communication
Phone
Court-wideClerk
Phone
Court-wideClerk
Phone
Court-wideClerk
Document Filing Requirements23 rules
All petitions for the opening of decedent's estates, and submitted orders for same, shall be substantially in the following forms, subjectively modified to account for singular/plural/gender terms.
The Petition includes the signer’s certification under Section 1-109 that its statements are true and correct, subject to the stated information-and-belief exception.
Court's wording
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, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he/she/they verily believes the same to be true.
Unless supervised administration is requested, the Petition must state the personal fiduciary’s name and address and include a copy of the fiduciary’s Oath of Office.
Court's wording
7. Unless supervised administration is requested, the name and address of any personal fiduciary acting or designated to act pursuant to Section 28-3 for any minor or adult with a disability. A copy of said personal fiduciary's Oath of Office, indicating their acceptance of that responsibility, is attached to this Petition.
- 2. The date and place of death the testator:
- 3. The date of Testator's Will (and any Codicil(s)) and any facts that Petitioner(s) believe(s) the Will to be the valid last Will of the testator:
The petition form calls for the proposed executor’s name and post-office address and an affirmation of the listed eligibility criteria.
Court's wording
- 6. The name and post office address of the proposed Executor(s). Petitioner(s) affirm(s) that the proposed Executor(s) is/are: a) at least 18 years of age; b) a resident of the United States; c) not of unsound mind; d) not an adjudged person with a disability; and e) has not been convicted of a felony.
- 1. The name and place of residence of the testator at the time of his or her death:
- 5. The names and post office addresses of all heirs and legatees (H, L, or Both) of the testator and whether any of them is a minor or a person with a disability (M or D):
- 4. The approximate value of the testator's Real estate $ _____ Personal estate$ _____ Amount of annual income from real estate $ _____
The petition form provides alternative surety options and specifies the corresponding executor oath and bond submissions, including the stated consent or other basis for a requested waiver.
Court's wording
9. [] No surety is required for the Executor(s) pursuant to the Will, and each Executor has filed an Oath of Office and Bond of Representative – No Surety for approval, at double the value of the personal estate; or [] Petitioner requests a waiver of surety and each proposed Executor has filed an Oath of Office and Bond of Representative – No Surety for approval, either []because all legatees consent (and have filed such waiver) or []other (specify); [] Each Executor has submitted an oath and surety bond for approval pursuant to 755 ILCS 5/12-5.
8. Petitioner(s) request(s) [] Independent or [] Supervised administration of this Estate pursuant to 755 ILCS 5/28-2.
Date: _____ _____ Petitioner
WHEREFORE Petitioner(s) request(s) entry of an order admitting the Decedent's Will to probate, opening the Decedent's Estate, and for the issuance of Letters of Office.
The Proposed Executor(s) is: [] the named Executor(s) in the Will (or named successor due to death or declination of other named Executor(s)); or [] requesting Letters with the Will annexed (specify preference pursuant to 755 ILCS 5/9-3, and provide consents from any such person of equal or greater priority or show compliance with 755 ILCS 5/6-2):
Within 60 days of the issuance of Letters, or such time as allowed by the Court, the (Co-) Executor(s) shall file an inventory of the Estate, unless waived;
Within 14 months of the issuance of Letters, or such time as allowed by the Court, the (Co-) Executor(s) shall file an accounting of this Estate, unless waived;
Annual status date (to be set by the court) shall be _____ at 8:30 am in courtroom 314. If the Estate remains open on the annual status date, the Executor must either file a written report on the status of the administration prior to that date, or appear in person, and then request a further status date up to 12 months thereafter. Failure to provide a status update or appear may result in the entry of an order dismissing the cause for want of prosecution.
No Letters of Office shall issue to any non-governmental guardian until the Guardian Information Sheet has been submitted.
Proposed non-governmental guardians must provide the applicable Guardian Information Sheet when filing the Petition.
Court's wording
For purposes of investigation and future contact, all proposed non-governmental guardians of persons with disabilities or minors shall, at the time of filing the Petition, provide the relevant "Guardian Information Sheet" (for either Adults with Disabilities, CC-102 V1, or Minors, CC-101 V2).
If there are multiple (co-) proposed guardians, each proposed guardian shall tender a Guardian Information Sheet for filing under seal.
IF THE JUDGMENT CREDITOR WANTS A NEW STATUS DATE BECAUSE THE CITATION WAS NOT COMPLETED OR THE JUDGMENT DEBTOR HAS FAILED TO FULLY COMPLY WITH THE CITATION, SPECIFIC TERMS FOR FUTURE COMPLIANCE MUST BE SPELLED OUT IN THE ORDER (i.e., IF MISSING DOCUMENTS, LIST EACH DOCUMENT THAT MUST BE PRODUCED BY THE NEXT COURT DATE).
An order continuing a Citation must state the date of the judgment debtor’s first personal appearance and the date the Citation will automatically terminate unless extended by the Court.
Court's wording
Beginning with the date the of the judgment debtor’s first personal appearance, any order continuing the Citation shall delineate the date of the judgment debtor’s first personal appearance and the date upon which the Citation will automatically terminate unless extended by the Court (See, Supreme Court Rule 277(f)).
Petitioners are requested to have appropriate orders with the requested relief prepared in advance of their court date for presentment at hearing, if practicable, along with any copies of those orders that may need to be file stamped by the court clerk.
Filing & Service rules
Filing Timing and Cure Windows
The administrator must file an estate inventory within 60 days after Letters issue, unless the inventory is waived or the Court allows another time.
Within 60 days of the issuance of Letters, or such other time as allowed by the Court, the (Co-) Administrator(s) shall file an inventory of the Estate, unless waived;
Civil cases
Page 4 | ORDER FOR ISSUANCE OF LETTERS (INTESTATE)
If the Estate remains open, the administrator must file a written status report before the court-set annual status date or appear in person, then request a further status date up to 12 months later; failure may result in dismissal for want of prosecution.
Annual status date (to be set by the court) shall be _____ at 8:30 am in courtroom 314. If the Estate remains open on the annual status date, the (Co-) Administrator(s) must either file a written report on the status of the administration prior to that date, or appear in person, and then request a further status date up to 12 months thereafter. Failure to provide a status update or appear may result in the entry of an order dismissing the cause for want of prosecution.
Civil cases
Page 4 | ORDER FOR ISSUANCE OF LETTERS (INTESTATE)
The administrator must file an estate accounting within 14 months after Letters issue, unless waived or the Court allows another time.
Within 14 months of the issuance of Letters, or such time as allowed by the Court, the (Co-) Administrator(s) shall file an accounting of this Estate, unless waived;
Civil cases
Page 4 | ORDER FOR ISSUANCE OF LETTERS (INTESTATE)
The estate accounting is due within 14 months after the Letters issue, unless the Court allows more time or the accounting is waived.
Within 14 months of the issuance of Letters, or such time as allowed by the Court, the (Co-) Executor(s) shall file an accounting of this Estate, unless waived;
Civil cases
Page 7 | ORDER ADMITTING WILL and for ISSUANCE OF LETTERS
If the Estate remains open, the Executor must file a status report before the annual status date or appear in person and request a further status date up to 12 months thereafter; failure to provide an update or appear may result in dismissal for want of prosecution.
Annual status date (to be set by the court) shall be _____ at 8:30 am in courtroom 314. If the Estate remains open on the annual status date, the Executor must either file a written report on the status of the administration prior to that date, or appear in person, and then request a further status date up to 12 months thereafter. Failure to provide a status update or appear may result in the entry of an order dismissing the cause for want of prosecution.
Civil cases
Page 7 | ORDER ADMITTING WILL and for ISSUANCE OF LETTERS
The Order and required notice must be mailed within 14 days after entry of the Order, subject to a written waiver by the heir or legatee.
Pursuant to 755 ILCS 5/6-10, not more than 14 days after entry of this Order, the (Co-) Executor(s) or (Co-) Petitioner(s) shall mail a copy of this Order and required notice pursuant to Rule 108 to each of the heirs and legatees, unless the heir or legatee has provided a written waiver.
Civil cases
Page 7 | ORDER ADMITTING WILL and for ISSUANCE OF LETTERS
The estate inventory is due within 60 days after the Letters issue, unless the Court allows more time or the inventory is waived.
Within 60 days of the issuance of Letters, or such time as allowed by the Court, the (Co-) Executor(s) shall file an inventory of the Estate, unless waived;
Civil cases
Page 7 | ORDER ADMITTING WILL and for ISSUANCE OF LETTERS
Proof of service or the waivers must be filed with the Circuit Clerk within 28 days after entry of the Order.
Proof of service, or the waivers, shall be filed with the Winnebago County Circuit Clerk within 28 days after entry of this Order;
Civil cases
Page 7 | ORDER ADMITTING WILL and for ISSUANCE OF LETTERS
Service and Proof of Service Rules
If an administrator is not an Illinois resident, the estate’s attorney must act as resident agent and accept service of process and notice.
If the (Co-) Administrator(s) is/are not a resident of the State of Illinois, the attorney representing this Estate shall act as the resident agent and accept service of process and notice;
Civil cases
Page 4 | ORDER FOR ISSUANCE OF LETTERS (INTESTATE)
Appointment requires either 30 days to have elapsed after service of the Petition on persons with equal or higher preference with no objection filed, or all such persons to consent.
Either [] 30 days have elapsed since the service of the Petition upon those of equal or higher preference to serve as administrator, and no objection has been filed; or [] all persons of equal or higher preference to the (Co-) Administrator(s) have consented to the appointment;
Civil cases
Page 4 | ORDER FOR ISSUANCE OF LETTERS (INTESTATE)
The co-executor(s) or co-petitioner(s) must mail the Order and required Rule 108 notice to each heir and legatee within 14 days after entry, unless that person provides a written waiver.
Pursuant to 755 ILCS 5/6-10, not more than 14 days after entry of this Order, the (Co-) Executor(s) or (Co-) Petitioner(s) shall mail a copy of this Order and required notice pursuant to Rule 108 to each of the heirs and legatees, unless the heir or legatee has provided a written waiver.
Civil cases
Page 7 | ORDER ADMITTING WILL and for ISSUANCE OF LETTERS
If an Executor is not an Illinois resident, the attorney representing the Estate must act as resident agent and accept service of process and notice.
If an Executor is not a resident of the State of Illinois, the attorney representing this Estate shall act as the resident agent and accept service of process and notice.
Civil cases
Page 7 | ORDER ADMITTING WILL and for ISSUANCE OF LETTERS
Sealing & Redaction Procedures
The Guardian Information Sheet must be filed under seal, and access is limited to the Court and Guardian Ad Litem unless the court orders otherwise.
Because the form contains personally identifiable information, the Guardian Information Sheet shall be filed under seal with the Winnebago County Circuit Clerk. Access to the Guardian Information Sheet shall be limited to the Court and to the Guardian Ad Litem (G.A.L.), unless otherwise directed by court order.
Civil cases
Page 1 | PROBATE STANDING ORDER 1