And I understand within 60 days a notice of probate is sent to each beneficiary with a accountable distribution of funds, am I correct?
Thank you for your answer. However, I am confused.So he does not have to prepare an inventory, so he will not, he will just send us checks with no information. If we are not satisfied, I assume that we can contest? Can we have a letter sent with the threat of court supervision?
Elder Law Attorney
A will is required to be filed within 30 days after a persons death according to Illinois law. However, that does not mean that a probate estate is being opened.
Assuming that you are saying that you received a Petition that is seeking to admit the Will into probate then depending on how the estate is opened will hold the answer to your question. If the estate is being administered by the executor without court supervision (independent) then the executor does not have a duty to prepare an inventory within 60 days. However, if the estate is supervised, the an inventory is required within 60 days after the appointment as executor by the court.
Assuming that you are named in the Will you can ask that the estate be supervised and the court should do so. However, it will likely end up costing more to administer the estate, thus if you are on good terms with the executor you should just ask for the inventory. If not, then you should consult with your own attorney to see what makes the most sense before you take any action.
Estate Planning Attorney
When an estate is being handled with independent administration, the executor still needs to prepare an inventory (to do their job correctly), it just doesn't have to be filed with the court. A beneficiary can demand a copy of the inventory from the executor at any time.
Regarding supervised administration and deadlines for asking for petitioning the court if there is a dispute, you really need to hire an attorney to counsel you on those issues.
This answer does not constitute legal advice and you do not have an attorney-client relationship with me or my firm. I am admitted to practice law only in the state of Illinois. All answers are general in nature and based on common legal principles. You should not rely on this answer alone and should seek the counsel of an attorney for specific guidance on your legal issues.