As the person his mother wanted as executor of her will, Jack has asked to be officially named the executor, otherwise known as the estate’s Personal Representative.

In his Petition, he broadly estimated the value of the probate property she owned at her death.  He also must specifically list certain of her possible beneficiaries. 

He must name all her ‘natural heirs’ as defined by the Illinois statutes, including her daughter, even though his mother specifically stated in her will that her daughter would not inherit anything. 

He must also include everyone she named in the will to inherit, called legatees, whether they’re related or not.  Some people, like Jack for example, are both her heir and her legatee, being her son and having been named in her will to receive things.

This list of heirs and legatees must include each person’s address, relationship to his mother, and identify their legal status. Most of us have the legal status of being a competent adult, but others are under a legal disability, so they may not act for themselves in legal proceedings.  The most common legal disability is being under 18, a minor.

For help with probate procedures or to plan your estate to avoid probate, call our office at (815) 436-1996 for an appointment.  ©2012 Gruber Law Office, Ltd.