If decedent's Illinois real and personal property subject to probate does not exceed $100,000 summary administration is available. A notice must be published beforehand and all interested persons must be given actual notice. These notices must tell the recipient, among other things, of when and where the matter will be heard. All the heirs and legatees, if any, must consent. On the date set for the hearing the court first determines who the heirs of the decedent are, determines the validity of any offered will and then orders distribution of the estate to the various interested persons. Each distributee must give a bond to pay back the share distributed plus costs if any valid claim against the estate is made later. The bond must have a surety on it. This means an insurance company must back up the promise to repay. The surety company charges a fee for this.

The order for summary administration can be given to any third party (like a bank or brokerage firm) holding assets in the decedent's name to obtain transfer of the assets to the persons named in the order.

Because small estates can often be settled without probate these days this procedure is seldom used. However, it is useful in some situations. One is where probate was opened for a good reason which has ceased to exist, such as a dispute over heirship which has been settled. Using summary administration, which can be used to terminate a regular probate proceeding which has already been opened, allows everyone involved to terminate the whole matter quickly and get distribution immediately rather than waiting until the 6 month period for filing claims against the estate ends. Another use of summary administration is for a house that the heirs or legatees wish to keep rather than sell. If the house and other assets are worth less than $100,000 a summary administration order of distribution can be obtained and then recorded with the recorder of deeds. This will put record title in the heirs or legatees.

Surprisingly enough, there are still houses in Chicago worth less than $100,000 and they are free and clear of any mortgage. When there is a mortgage this procedure may not work because the mortgage holder may not let the heirs or legatees assume the mortgage and may insist on being paid in full.

Donald M. Thompson * 55 W. Monroe #3950; Chicago, IL 60603 - Illinois Probate Lawyers
Ph: 312-782-0844 * Fax: 312-201-1436 * Email: donthompsonlaw@sbcglobal.net