“Probate” encompasses a number of different court procedures including disabled adult guardianship and minor’s guardianship, however, most references to “probate” refer to a deceased person’s estate. The probate process can be particularly trying because of the circumstances surrounding it, which usually includes the death of a loved one, the pressure of discovering the deceased’s financial and personal information, and the complex problems of delicate family issues. With the help of an experienced Illinois probate attorney, this process can easily managed.
Probate is simply the management of the assets of the deceased person until it is determined who is entitled to receive these assets.
How the process works depends on what the Decedent did to prepare before they passed.
Did the Decedent have a Personal trust?
If so, that Trust document will instruct the Trustee how to proceed. Often this situation is very streamlined since the document is drafted by an attorney with the direct input of the Decedent. However, if there are minors or disabled adult persons, the administration can be very complicated and need the Courts approval or even subsequent estates opened.
Did the Decedent have a will?
If the decedent left a will, Illinois statute requires it be filed in the County of residence of the decedent within a fixed time period and a probate estate must be opened by the named executor if there are any assets. The management of the assets falls upon the executor until the distribution and acceptance by the legatees and Court approval of all accounts, after which the estate can be closed.
What if there is no will?
This is an “intestate” situation which is governed by the laws of “Intestate” decent and distribution. The Court determines who are the rightful beneficiaries of the Decedent, who are creditors and if any claims are valid, if notices have been properly given and who should be the administrator of the Estate.
In all of the above situations you must have an attorney.
A Knowledgeable Lawyer Is a Wise Investment
Estate planning, whether personal or with a loved one, can be a tough and difficult situation. If you need an experienced attorney to assist you through the process, please e-mail or call us today to schedule a free initial consultation.
HOW TO GET STARTED
The first step in the process is to call our office.
We are generally willing to have an initial discussion over the telephone to determine if we can assist in your situation and to determine if we might be an appropriate match to work with you.
Initial consultations are by appointment only and a consultation fee is generally charged.
To get this process started, please call Robert Griffin at 773-880-5500 or email him about it: Robert@RCGriffinLaw.com