Legal Question in Wills and Trusts in Illinois

Do I have go through probate to get letters of office?

My father passed away and I'm executor of his estate. During the time he was in the hospital a couple of checks he was entitled to came in and he wasn't able to cash them. I had the checks re-issued to his estate.

My bank tells me I need to get letters of office saying that I'm the executor in order for me to cash the checks. My question is do I have to open probate to get the letters of office? His will left everything to me and we were joint owners on the house that he owned. I would rather not open probate since its expensive and the checks aren't that much. Opening probate would eat up much of that money.

Am I allowed to get the letters of office without opening up full probate? Thanks.


Asked on 8/20/08, 12:55 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Do I have go through probate to get letters of office?

Hello. In order to get letters of office you will need to open an estate. However, there may be another solution. Will be happy to discuss this further and in more detail.

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Answered on 8/25/08, 11:13 pm


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