If your family is pursuing a wrongful death or survivor claim under the Camp Lejeune Justice Act, and your loved one lived in Illinois at the time of their death, you'll likely need to open a probate case in Illinois before the federal government will release any settlement funds. The U.S. government requires court-issued documentation showing that the person accepting the settlement has the legal authority to act on behalf of the estate.
At Heritage Law Office, we guide clients through the Illinois probate process to help secure Letters of Office-the equivalent of Letters Testamentary or Administration-needed to accept Camp Lejeune settlements. Call us at 414-253-8500 or contact us online to get started.
Why Probate Is Required for Camp Lejeune Claims in Illinois
When pursuing a Camp Lejeune claim, any settlement funds are made payable to the estate of the deceased, not to family members directly. That means a court-appointed personal representative must be in place, and that person must have proper authority under Illinois law.
The government will not disburse funds unless the following are in place:
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A probate estate has been opened
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A personal representative is appointed
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That representative has official Letters of Office issued by an Illinois probate court
Without these steps, even the most valid Camp Lejeune claim may be delayed or denied.
What Are Letters of Office in Illinois?
In Illinois probate law, "Letters of Office" are the court documents that grant a personal representative the legal authority to manage the decedent's estate. They come in two main forms, depending on whether the decedent left a valid will:
Letters of Office - Independent Executor
If the deceased had a valid will that named an executor, and the court accepts the will, that person is typically appointed as the Independent Executor. The court then issues Letters of Office, which allow them to:
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Accept settlement proceeds from a Camp Lejeune claim
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Sign legal documents
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Pay debts and taxes
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Distribute estate assets to heirs or beneficiaries
Letters of Office - Administrator
If there is no will, or the named executor cannot serve, the court appoints an Administrator of the estate. This person is granted Letters of Office as Administrator and has similar powers to manage the estate, including accepting federal settlement funds.
When Is Probate Required in Illinois?
Probate will be required in Illinois for Camp Lejeune claims if:
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The decedent was domiciled in Illinois at the time of death
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The estate has no existing court-appointed representative
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The value of the Camp Lejeune settlement or other assets exceeds $100,000, which is the threshold for formal probate in Illinois
Even if the Camp Lejeune settlement is the only remaining asset, probate is still required in most cases. Federal agencies will not accept a small estate affidavit in lieu of formal Letters of Office when wrongful death or personal injury claims are involved.
Illinois Probate Process for Camp Lejeune Settlements
Opening probate in Illinois for the purpose of accepting a Camp Lejeune settlement typically involves:
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Filing a petition with the probate court in the county where the decedent resided
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Submitting the will (if there is one) and requesting appointment of an executor
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Identifying and notifying heirs and potential creditors
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Requesting the issuance of Letters of Office
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Providing the court-issued letters to the federal government to proceed with the settlement
This process gives the personal representative the legal standing to complete and sign the required release forms and claim documents.
How Long Does It Take to Get Letters of Office in Illinois?
The timeframe to receive Letters of Office depends on whether the probate is contested or straightforward:
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Uncontested estates filed in the correct venue with complete documents may receive Letters of Office within 4 to 6 weeks.
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Contested or complex estates, including those with missing heirs, unclear wills, or disputes over who should serve as representative, can take several months.
Because Camp Lejeune settlements are time-sensitive, starting the probate process as soon as possible is essential to avoid missing critical deadlines imposed by the federal government.
Why You Should Avoid Delays in Probate
Without formal authority from an Illinois probate court:
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Settlement funds cannot be released by the Department of Justice or Navy JAG
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The estate cannot legally accept the settlement
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Heirs may miss claim deadlines, risking forfeiture of compensation
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Settlement offers may expire or be withdrawn if not accepted on time
Starting probate early-and working with an experienced probate attorney-ensures that the estate is ready when settlement documents arrive.
Does Illinois Offer a Small Estate Alternative?
Yes, Illinois has a Small Estate Affidavit procedure for estates valued under $100,000 and that meet specific criteria. However, Camp Lejeune settlements typically exceed this limit, especially in wrongful death cases.
Additionally, the U.S. government almost always requires formal probate with court-issued Letters of Office. The Small Estate Affidavit may not be accepted by federal agencies handling Camp Lejeune claims. Formal probate is usually the safer, more reliable route.
How an Illinois Probate Attorney Can Help
At Heritage Law Office, we help clients across Illinois and out-of-state family members open probate estates to support Camp Lejeune claims. Our services include:
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Filing petitions for probate in the proper county
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Preparing supporting documents and required notices
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Navigating disputes or complications with heirs or wills
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Coordinating directly with the Camp Lejeune settlement attorney or firm
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Securing Letters of Office quickly so your claim can proceed without delay
We work with both in-state residents and out-of-state relatives handling a loved one's estate in Illinois.
Contact a Probate Attorney for Camp Lejeune Settlements in Illinois
If your family is pursuing a Camp Lejeune wrongful death settlement and your loved one lived in Illinois, opening probate is likely a required step. At Heritage Law Office, we help families navigate the legal process of obtaining court authority, whether through Letters of Office as Independent Executor or Administrator.
We understand the urgency of Camp Lejeune claims and are ready to guide you every step of the way to secure rightful compensation on behalf of the estate.
Call us today at 414-253-8500 or contact us online to get started.
Frequently Asked Questions (FAQs)
1. Do I need to open probate in Illinois to accept a Camp Lejeune settlement?
Yes. If the deceased lived in Illinois at the time of death, and a wrongful death or survivor claim is being pursued, you must open a probate estate in Illinois. A court-appointed personal representative must be granted Letters of Office before the federal government will release settlement funds.
2. What are Letters of Office in Illinois?
Letters of Office are official documents issued by an Illinois probate court that authorize a personal representative-either an Independent Executor (if there is a will) or an Administrator (if there is no will)-to act on behalf of the estate. These are required to accept Camp Lejeune settlements.
3. Can I use a Small Estate Affidavit instead of opening probate?
In most Camp Lejeune cases, no. The Small Estate Affidavit in Illinois is limited to estates valued under $100,000 and without disputes. Because federal agencies usually require court-issued documents, a Small Estate Affidavit is unlikely to satisfy the settlement requirements.
4. How long does it take to get Letters of Office in Illinois?
If the estate is uncontested and paperwork is in order, it typically takes 4 to 6 weeks to obtain Letters of Office. More complicated estates or those requiring formal probate can take several months. Prompt action helps avoid missing government deadlines.
5. Can an out-of-state family member serve as executor in Illinois?
Yes. An out-of-state person can serve as executor or administrator of an Illinois estate, provided the probate court approves their appointment. A probate attorney can assist with local filings and guide you through the court process remotely.