Even if someone who dies left a very clear and detailed will, their estate will need to go through probate. After someone dies, probate is a legal process intended to ensure that the deceased’s taxes and debts are paid and that any remaining assets are distributed in accordance with the law and the wishes of the deceased. Probate can be very complicated and very stressful for the deceased’s loved ones and beneficiaries. Probate is also often expensive and will take 6 months or longer to complete. In this video, Lombard probate attorney Mario Godoy explains the 5 things that happen during probate.
In this video, we are going to discuss, “What is Probate?”
Probate is the Court supervised process of winding down a loved one’s final affairs and includes the following:
1. Getting a personal representative appointed.
2. Determining if there is a valid will.
3. Paying any outstanding bills.
4. Filing any necessary tax returns.
5. Distributing your loved one’s property.
Once the estate is open you will proceed by administration that is either supervised or unsupervised by the judge. It’s important to know that having a will alone does not avoid probate. The key to avoiding probate is to ensure that at death there are no assets in your name that do not automatically transfer to someone else at your death.
If you need help with creating a plan or opening a probate case we can help. Please call us for a consultation.
Do you have questions about what happens during probate, or how to avoid probate? To talk to a probate, trust and estates attorney, contact the Estate & Probate Legal Group at 630-864-5835.
AREAS WE SERVE: Cook, Dupage, Kane, Lake, and Will counties