Farmers Weekly Review

STATE OF ILLINOIS

COUNTY OF WILL

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT

WILL COUNTY, ILLINOIS

IN THE MATTER OF THE ESTATE OF SHIRLEY F. NITZ, Deceased

Case No.. 2023 PR 803

CLAIM NOTICE

Notice is given to creditors of the death of Shirley F. Nitz. Letters of Office were issued to Jeffrey P. Nitz, 5131 Tenth Avenue N., St. Petersburg, FL 33710, as Independent Representative, whose attorney of record is Michael R. Lucas, 181 N. Hammes Avenue, Joliet, Illinois 60435. The estate will be administered without court supervision unless under Section 28-4 of the Probate Act (Ill. Compiled Stat. 755 ILCS 5/28-4) any interested person terminates independent administration at any time by mailing or delivering a petition to terminate to the Circuit Clerk.

Claims against the estate may be filed in the Circuit Clerk’s office, Will County Courthouse, 100 West Jefferson Street, Joliet, Illinois, or with the Representative of the Estate, or both, on or before the 11^th day of July 2024 or if mailing or delivery of a notice from the Representative is required by Section 18-3 of the Probate Act of 1975, the date stated in that notice. Any claim not filed on or before that date is barred. Copies of a claim filed with the Clerk must be mailed or delivered by the claimant to the Representative and to the attorney within ten (10) days after it has been filed.

Notice to Heirs and Legatees

Notice is given to any potential UNKNOWN HEIRS, who are heirs or legatees in the above proceeding to probate a will and whose name or address is not stated in the petition to admit the will to probate, that an order was entered by the court on December 28, 2023, admitting the will to probate.

Within 42 days after the effective date of the original order of admission you 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 (755 ILCS 5/6-21).

You also have the right under section 8-1 of the Probate Act of 1975 (755 ILCS 5/8-1) to contest the validity of the will by filing a petition with the court within 6 months after admission of the will to probate.

E-filing is now mandatory for documents in civil cases with limited exemptions. To e-file, you must first create an account with an e-filing service provider. Visit http://efile.illinoiscourts.gov/service-providers.htm to learn more and to select a service provider. If you need additional help or have trouble e-filing, visit http://www.illinoiscourts.gov/FAQ/gethelp.asp, or talk with your local circuit clerk’s office.

Rights of Interested Persons During Independent Administration;

Form of Petition to Terminate Administration

The December 28, 2023 court order granted independent administration of decedent’s estate. This means that the executor or administrator will not have to obtain court orders or file estate documents in court during probate. The estate will be administered without court supervision, unless an interested person asks the court to become involved.

Under section 28-4 of the Probate Act of 1975 (755 ILCS 5/28-4) any interested person may terminate independent administration at any time by mailing or delivering a petition to terminate to the clerk of the court. E-filing is now mandatory for documents in civil cases with limited exemptions. To e-file, you must first create an account with an e-filing service provider. Visit http://efile.illinoiscourts.gov/service-providers.htm to learn more and to select a service provider. If you need additional help or have trouble e-filing, visit http://www.illinoiscourts.gov/FAQ/gethelp.asp, or talk with your local circuit clerk’s office. 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.

A petition in substantially the following form may be used to terminate independent administration:

In the Circuit Court of the 12th Judicial Circuit,

Will County, Illinois

In re Estate of ________________________________, Deceased No. ________

Petition to Terminate Independent Administration

____________________________, on oath states:

1. On _______________________________ ____, 20__, an order was entered granting

independent administration to _________________________ as independent

______________________________________.

(executor) (administrator)

 

2. I am an interested person in this estate as ___________________________________________________________________

(heir) (nonresiduary legatee) (residuary legatee) (creditor) (representative)

 

*3. The will __________________ direct independent administration.

(does) (does not)

 

4. I request that independent administration be terminated. ______________________________

(Signature of petitioner)

Signed and sworn to before me _________________________, 20_____

 

Notary Public

*Strike if no will.

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 (755 ILCS 5/28-5). The independent representative must mail a copy of the estate inventory and final account to each interested person and must send notice to or obtain the approval of each interested person before the estate can be closed (755 ILCS 5/28-6, 28-11). Any interested person has the right to question or object to any item included in or omitted from an inventory or account or to insist on a full court accounting of all receipts and disbursements with prior notice, as required in supervised administration (755 ILCS 5/28-11).

Michael R. Lucas (06192964)

Lucas Law Firm, LLC

181 N. Hammes Avenue

Joliet, Illinois 60435

(815) 729-0300

Published 1/11/2024, 1/18/2024, 1/25/2024