There's a lot to know about Probate. You need to understand the difference between probate with a will, and probate without a will. You also need to understand the probate process--how it begins, how it proceeds, and how it comes to a close.
Here, Palley Law Office provides general responses to some of the most common questions the office receives from clients. Get more specific information--contact a probate lawyer in Illinois by calling Palley Law Office at (312) 261-5885 to schedule an initial consultation.
What is Probate?
Probate is the process by which a deceased person's assets and belongings, known as their estate, are passed on to their heirs and successors. Matters related to wills, estates, conservatorships, and guardianships are handled by probate courts.
How Do I Begin the Probate Process?
The probate process begins when the decedent passes away. The will, if there is one, must be filed with the clerk of the probate court within thirty days of death. A petition is then filed with the probate court to open probate. If there is a Will, an executor will likely be named in it, but if there is not the court will appoint a personal representative to handle estate matters.
How Does Probate Proceed When there is a Will?
The process begins with a court hearing where the executor named in the will is approved by the court and to whom letters of office are issued to give the executor the legal authority to act on behalf of the estate. Once the letters of office are issued, it is the executor's responsibility to notify heirs, publish notice to creditors and pay the estate's debts, and take an inventory of the estate (e.g. bank accounts, retirement accounts, stocks and bonds, real estate, personal effects), and secure the assets.
How Does Probate Proceed if There is No Will?
Probate without a will proceeds in much the same way as probate with a will, the main difference being that the estate's assets will pass to beneficiaries based on Illinois intestacy law, rather than according to gifts made in a will. Since there is no will and no named executor, the probate court will appoint a personal representative to administer the estate.
How Does Probate End?
Once the debts of the estate are paid and the remaining assets distributed, the executor submits a final accounting to the court. At that time, the executor will ask the court to close the estate and release the individual from the role of executor.
How Long Does Probate Take in Illinois?
Probate takes six to twelve months to complete but may take longer.
Do You Need a Probate Lawyer in Illinois?
Yes, probate courts in Illinois require that you be represented by an attorney.
How Can I Avoid Probate?
Yes, by planning ahead with an estate planning attorney, an estate can in many cases be structured in such a way that assets are distributed without the long and costly process of probate.
Contact a Probate Lawyer in Illinois Today
Palley Law Office is here to help you with your estate plan so that it survives any challenge during probate. If you are the executor or beneficiary of an estate, the probate attorney will guide you through the process. Call (312) 261-5885 to schedule an initial consultation with a probate lawyer today.
