Waiver Of Notice Appearance For Letters Of Office And Consent {171P-14A}

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT LAKE COUNTY, ILLINOIS ESTATE OF ) ) ) ) ) ) ) vs. Case No. __________________________ WAIVER OF NOTICE, APPEARANCE FOR LETTERS OF OFFICE AND CONSENT The undersigned, ________________________________ heir of the decedent and/or legatee under decedent's will dated ______________________, (and codicil dated ______________________), having been advised that a petition has been filed by ___________________________________________, (Name of Petitioner) 1. for admission of that Will to Probate, 2. for the appointment of ____________________________________, as (Name(s) of Person Nominated) a. b. c. d. e. Supervised executor(s) of the estate. Independent executor(s) of the estate. Supervised administrator of the estate. Independent administrator of the estate. Other: __________________________________________________________________________ . WAIVER OF NOTICE I hereby acknowledge receipt of and hereby waive: a. Notice of the hearing on the petition. b. Notice of rights to require formal proof of the will and to contest the admission or denial of admission of the will to probate. c. Notice of rights in independent administration. APPEARANCE FOR LETTERS OF OFFICE I hereby appear in the above captioned matter, if I have not done so previously. CONSENT I hereby consent to admission of the will, if any, consent to the appointment to the nominated representative, consent to an immediate hearing on the Petition and consent to issuance of Letters of Office. Prepared by: Name: ___________________________________________ _______________________________________________ Signature of heir/legatee Attorney's Name: ___________________________________ Address: _________________________________________ City: ______________________________ State: _________ Phone: ______________________Zip Code: ____________ Fax: _____________________________________________ ARDC #: _________________________________________ ______________________________________________ Printed Name of heir/legatee ______________________________________________ Address ______________________________________________ City/State/Zip Date: __________________________________, 20___ Page 1 of 2 171P-14A (Rev. 12/11) American LegalNet, Inc. www.FormsWorkFlow.com RIGHTS OF HEIRS OR LEGATEES (APPLICABLE WHERE DECEDENT LEFT A WILL) Within 42 days after the effective date of the original order of admission, any heir or legatee may file a petition with the court to require proof of the will by testimony of the witnesses to the will in open court or other evidence, as provided in section 6-21 of the Probate Act of 1975. Each heir of legatee also has the right under section 8-1 or 8-2 of the Illinois Probate Act of 1975 to contest the validity of the will or the denial of admission by filing a petition with the court within six months after entry of the order admitting or denying the will. RIGHTS OF INTERESTED PERSONS DURING INDEPENDENT ADMINISTRATION (APPLICABLE WHERE AN INDEPENDENT REPRESENTATIVE IS APPOINTED) Independent administration means that the executor or administrator will not have to obtain court orders or file estate papers in court during probate. The estate will be administered without court supervision, unless an interested person asks the court to become involved. Under 755 ILCS 5/28-4 any interested person may terminate independent administration any time by mailing or delivering a petition to terminate to the clerk of the court. However, if there is a will which directs independent administration, independent administration will be terminated only if the court finds there is good cause to require supervised administration; and if the petitioner is a creditor or nonresiduary legatee, independent administration will be terminated only if the court finds that termination is necessary to protect the petitioner's interest. In addition to the right to terminate independent administration, any interested person may petition the court to hold a hearing and resolve any particular question that may arise during independent administration, even though supervised administration has not been requested. The independent representative must mail or deliver a copy of the estate inventory and accounting to each interested person, and must send notice to or obtain the approval of each interested person before the estate can be closed. Any interested person has the right to question or object to any item included in or omitted from any inventory or account or to insist on a full court accounting of all receipts and disbursement with prior notice, as required in supervised administration. Page 2 of 2 171P-14A (Rev. 12/11) American LegalNet, Inc. www.FormsWorkFlow.com