Posted On: April 24, 2010 by Anne Rabuck

Illinois Probate -- Independent and Supervised Administration

In Illinois, estates can be administered under an Independent Administration or a Supervised Administration.

Unless requested by an interested person to go supervised, an estate is opened as an independent administration. Unlike the supervised administration, the independent administration does not require filing the inventory and accounting with the Court. The inventory and accounting are not subject to view by the Court, and they are not public record. However, they are sent to the beneficiaries for approval.

No Court authority is needed to sell real estate when there is an independent administration, and an independent administration may be converted to a supervised administration at any time by any interested party upon request to the Court.

With a supervised administration, the inventory and accounting are filed with the court and as a result are a matter of public record. The accounting is subject to approval by the judge, including the attorney and fiduciary fees. In addition, the representative needs court approval and personal service on all interested parties to sell real estate.

Contact an estate planning law firm for further information.

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