Probate is the legal closing of an estate. It includes paying all final debts and distributing assets according to the will. Many people believe that probate is a quick and easy process, and sometimes it can be. However, the average time for an estate to go through the probate courts in Illinois is 6-12 months. This is just one of the common misconceptions about Illinois probate. In this article, we would like to dispel other common misunderstandings regarding the Illinois probate process.
Probate can be a confusing process, especially when you are working through the emotions of recently losing a loved one. You may not need to understand the entire process immediately, but we want to clarify some common misunderstandings.
4 Misconceptions About Illinois Probate
This is not true. A will does not automatically prevent probate. Probate verifies the authenticity of a will and helps ensure the final wishes are carried out. A person with an estate valued at less than $100,000 and no real estate may avoid probate by using Simplified Procedures.
Illinois has no rule that states the oldest (or any child) must be the executor of the estate. You may name a close relative, a friend or even an attorney to be the executor of your will.
All debts and expenses must be paid before the heirs or beneficiaries receive the remaining share of the estate.
Probate courts are typically involved with closing the estate. All court proceedings are public, so when the executor files the will with the courts, it becomes a public record.
It is expected to have many questions when going through the probate process. An experienced probate attorney can dispel misconceptions and help you with the process. A probate attorney can be as involved with the closing estate as you like. They can be there to simply answer questions, or they can guide you every step of the way. It’s entirely up to you.
A probate attorney can:
There are other times when you may need a probate attorney, and at the Estate and Probate Legal Group, we are here to help.
Do you have questions about Illinois probate, or are you the executor of a loved one’s estate? If so, an experienced probate attorney can advise you on the best options for your situation. Contact the Estate & Probate Legal Group at 630-864-5835.
Areas We Serve: Cook, DuPage, Kane, Lake, Kendall and Will counties.
