Oak Brook Probate Lawyer

The death of a beloved relative can lead to confusion and complications among surviving family members, regardless of whether that relative left a valid will or other estate plan to direct the distribution of assets. An experienced Oak Brook probate lawyer from the Estate & Probate Legal Group is a family’s best resource for alleviating confusion and managing those complications.

Our attorneys work closely with families to inventory and preserve estate assets to satisfy the decedent’s liabilities and allocate assets according to their wishes. We will file all necessary paperwork with the court to properly close the estate through the probate process.

Practice Areas

Estate Planning

Strategic planning to protect your assets and avoid unnecessary probate complications.

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Probate Administration

Guiding families through the legal process with efficiency and clarity.

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Trust

Customized trusts designed to preserve wealth and reduce legal risk.

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Wills

Ensure your wishes are honored and your loved ones protected.

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The Probate Process

The specifics of the probate process will always depend on the decedent’s estate plan, including whether the decedent left a will or established a trust. Regardless, your probate attorney will generally need to:

Initiate the probate process with a petition filed in a probate court that has jurisdiction over the matter

Procure a taxpayer ID number for the estate

Establish contacts with the decedent’s heirs and other parties who may have an interest in estate assets

Notify debtors of their right and opportunity to file claims against the estate

File an inventory of the estate’s assets

Verify that the estate has satisfied all federal and state tax liabilities

Confirm the distribution of the estate’s remaining assets to heirs

Each step involves required filings and deadlines that must be observed to avoid complications and potential challenges that may delay the estate’s closure. An Oak Brook attorney with the Estate & Probate Legal Group can advise you on how these requirements and deadlines affect the administration of the estate subject to probate.

When Is Probate Required?

An estate must go through the probate process if the person who died did so without leaving a valid will or if their estate includes assets with an aggregate value over $100,000. If the estate’s assets do not exceed that threshold, your lawyer can provide guidance for passing those assets to heirs with the filing of a small estate affidavit.

Further, some assets may be distributed separately from the probate process. These assets generally include:

Funds held in joint financial accounts

Life insurance benefits

Real estate owned as joint tenancies

Vehicles that are titled under two names

An Oak Brook lawyer can analyze an estate to verify which of its assets must be included in a probate process and which can be transferred outside of the probate process. This is a crucial step in that process, as assets that may be transferable outside of probate may be shielded from claims by creditors.

Avoiding Probate Challenges

Challenges can arise at multiple stages in the probate administration of the estate. A knowledgeable attorney can help you reduce the risk of those challenges and, if they do occur, work to resolve those challenges in a manner that satisfies the decedent’s estate plan and the best interests of all heirs.

Some of the more common challenges include contesting the validity of a will, disagreements among heirs, objections to the appointment of estate administrators, disputed claims from creditors, and administrative or filing errors. Your Oak Brook probate attorney will seek to structure a probate estate in order to prevent challenges that can delay the efficient administration of the process.

What Our Clients Say

The team at Estate and Probate Legal Group was professional and efficient in helping me with my probate matter. I had never experienced the probate ... Read More

Andrea Lesko

The entire team was great! Very attentive and welcoming. The entire process was seamless and they made us feel at ease with a process that ... Read More

Sean Janda

Estate and Probate Legal Group has been very helpful with my probate legal matters. From the beginning they are very flexible and willing to work ... Read More

Whitney Mason

Nice, professional and caring group of people, very understanding. My case was taken care of in a very timely manner. I appreciate them for all ... Read More

Phyllis Dukes

Very professional and knowledgeable in the areas I required assistance in. Our representative was easy to talk to and he outlined how our experience was ... Read More

Bill Martin

Excellent in thorough information and very detailed. Definitely gave us the information we needed.

Harvey Jones

This firm helped me to go through a tough legal situation with my family. At the end of the process I was able to accomplish ... Read More

Sonia Crittendon

Compassionate attorneys with a high attention to detail. They have a heart for seniors and go out of their way to serve their needs. Highly ... Read More

Tanya Hasman

Needed to get a POA for my mother and found this office off google. Had a consultation and liked how they walked me through all ... Read More

Zavanda Williams

Answered all of our questions and addressed our concerns. Very thoughtful and thorough. Highly recommend.

Jimmy O’Rourke

Professional and well organized guidance to identify legal needs and personal preferences was a very satisfying investment of time. Information provided was detailed and concise. ... Read More

Barbara Morrow

EPLG assisted my sister and I in a recent probate matter. EPLG's guidance during the process was thorough and proactive. In a matter that had ... Read More

Vicki Hospodka

I would highly recommend EPLG to handle estate and probate work. I used EPLG to help guide me through the estate process when my brother ... Read More

Tom Guttosch