Will Drafting: Understanding Probate Law in the State of Illinois

//Will Drafting: Understanding Probate Law in the State of Illinois

Under the State of Illinois, Probate is a legal procedure that administers the estate or other assets of a person who has passed away. This legal process is done be resolving the claims regarding the estate and by then distributing the property. The distribution of the property will then be handled with due diligence of a valid will or under the laws of the state.

Essential Steps for When Probate Becomes Necessary

In the aftermath of a person passing away, there are several steps that could be completed in order to satisfy the state’s Probate process.

When a person has perished and has named an executor, this executor is responsible for starting the probate process. The process will begin when the executor has filed a petition is the appropriate Probate court, which will then open the estate and thus have the person’s will probated. In the event that the deceased individual did not have a will, the executor is then responsible for filing a petition to administer the estate in accordance to the state’s laws.

Once the petition has been filed, the local court will determine the validity of the will. They will then proceed to interpret the instructions of said will. Again, if there is not will, the Probate court will oversee the estate’s administration in accordance to the state’s laws. In this case, the Probate court will move forward and identify a representative of the estate.

Once a representative has been identified, all legatees, heirs, and known creditors will be notified of the proceeding. It is the responsibility of the estate’s representative to notify all required parties. In order to meet the state’s laws, the representative must also publish a claims publication in an appropriate newspaper. Parties who remain unaware have up to six months of the publication to file any claims against the estate. In event that they miss the deadline, any claim s they wish to pursue at a later time could be barred.

At this point, the representative must make an inventory of the entirety of the deceased individual’s assets. They will also be held responsible for determining all final accrued debts and/or liabilities. This process alone can take several months to complete. Overall, however, the entire process can take approximately six months to complete. If there is an open litigation matter, this process can take several years to complete.

Obtain Legal Representation

The Probate process is a complicated matter that could take several months to develop. While a written will can help the transgression of the probate matter, it will not eradicate the process completely. Having a will can help the process, however. Seek the advice and support of a qualified estate attorney who can help you. With the support of a skilled attorney, you can help your loved ones ease with the anxiety in the aftermath of losing you. Obtain the support of an estate lawyer that is right for you; a Chicago probate lawyer can be an essential tool to do so.

By | December 5th, 2018|Probate Law|