Probate Attorney in Chicago, Illinois

The Probate Process in Illinois

The probate process in Illinois is the legal procedure through which a will is validated and assets are distributed to beneficiaries. While the specifics may vary from state to state, the probate process in Illinois shares similarities with other jurisdictions.

Here are the typical steps involved in the Illinois probate process:

Gathering Documents: Collect essential documents, including your loved one's last will and testament, trust documents, and financial statements.
Filing with the Court: File the necessary documents with the court to be appointed as the executor of the estate. Generally, the executor is named in the will.
Notifying Relevant Parties: Inform beneficiaries of your role as executor, as well as notify the IRS and the Social Security Administration of the estate's status.
Notifying Creditors: Notify creditors of the estate about your appointment as executor.
Evaluating Assets: Assess the assets within the estate and assign a fair market value to them.
Paying Debts and Taxes: Settle any outstanding debts and taxes owed by the estate.
Distributing Assets: Distribute the assets to the beneficiaries and heirs as specified in the will.
Closing the Estate: File a petition with the court to officially close the estate.

If your family member passed away without a will or did not designate an executor, the state of Illinois will appoint an administrator to handle the estate. If you are serving as the executor, having an experienced Illinois probate attorney can help guide you through the process and ensure compliance with all necessary steps. Additionally, if you are a concerned family member facing challenges regarding the will, our team can assist you in petitioning the court.

How Long Does Probate Take in Illinois?

In Illinois, the executor is typically expected to complete the probate process within 14 months of being appointed. However, the timeline can vary significantly, usually taking between nine months to 2 years to fully resolve. The duration may depend on the complexity of the estate and the assets involved. If you're looking to expedite the process and minimize potential delays, Attorney Deadra Woods Stokes and the Clinic at Chicago-Kent College of Law are here to assist you.

What Does a Probate Lawyer Do?

Our office can assist you in various aspects of settling your loved one's estate and supporting the executor throughout the process. Our primary goal is to ensure a smooth resolution, and we can help address any disputes among family members to avoid unnecessary court proceedings.

Our team can assist with the following tasks:

Paying estate and inheritance taxes
Identifying and valuing estate assets
Resolving probate litigation issues
Distributing living trusts
Opening and managing the estate checking account
Preparing and filing court documents
Collecting life insurance policy proceeds
Ordering property appraisals
Making final asset distributions
Closing the estate in court

What Does a Personal Representative Do?

The executor of the estate, also known as the personal representative, has several critical duties to complete before the estate can be closed and assets distributed. If you have been appointed as a personal representative, understanding your responsibilities is essential. Once designated, the court will issue letters of testamentary or letters of administration, granting you authority over the estate's assets. Your duties will include:

Filing the deceased's final taxes
Paying debts or claims against the estate
Inventorying the estate's assets
Selling assets if necessary
Opening a bank account to pay debts and funeral costs
Notifying family members of the estate
Distributing assets to beneficiaries
Filing all required documentation with the court
Providing a final statement of transactions to the court

Missing or mishandling any of these steps can delay the probate process and lead to complications later. If you feel overwhelmed with your responsibilities as a personal representative, reach out to a probate attorney. Our team is here to support you and ensure you fully understand what is required.

Can a Probate Lawyer Help Me?

Navigating a loved one's estate can be challenging, especially while you and your family are still grieving. Given the lengthy process and numerous steps involved, having a probate attorney by your side can be invaluable. At the Estate Planning, Probate and Real Estate Clinic at Chicago-Kent College of Law, we are dedicated to helping our clients expedite the probate process and ensure assets are distributed to the rightful beneficiaries. Don't hesitate to reach out for assistance; contact us today for a consultation.