Legal Question in Wills and Trusts in Illinois

Re: Need advice

If your uncle died a resident of Illinois, the estate would be probated in Illinois. Your father and the children of any deceased siblings of your father would be heirs. Because a brother is a closer relative than nephews and nieces he would serve as the Administrator of the estate. He would be allowed to serve, however,only if he is a resident of the state of Illinois. If not, he could nominate an Illinois resident as the administrator.

Re: Need advice

A probate estate should be opened. Your father is an heir -- you don't mention whether there are children of deceased siblings. If so they'd also be heirs. If not, he'd be the sole heir.

He'd be first in line to serve as administrator, and need not be an Illinois resident. The statute provides:

Sec. 9‑1. Who may act as administrator. A person who has attained the age of 18 years, is a resident of the United States, is not of unsound mind, is not an adjudged disabled person as defined in this Act and has not been convicted of a felony, is qualified to act as administrator.

There could be some logistical problems while he's on the move, but that can be dealt with, and things can be started.

If you would like to discuss this further, you can contact me at 800-346-7931 or 312-346-7899.

The statute defines eligibility to serve as administrator.