Being an estate’s personal representative requires patience, organizational skills, and attention to detail. It also requires the ability to manage other people’s expectations and address unanticipated events.
The probate attorneys at our firm understand the complications an Oak Brook personal representative should expect. We can ensure you understand your obligations and help you manage any difficulties you experience during the probate process.
Very few laypeople understand the probate process. Some even believe that probate is unnecessary if a decedent left a will. Sometimes expectant heirs feel shocked that the personal representative has access to the decedent’s property while they do not.
The emotional turmoil of losing a loved one can increase the confusion around the probate process. Heirs may blame you, as the estate’s personal representative, for delays or for not receiving property they thought the decedent promised.
Resentment can arise even in close families. You must be prepared for this and recognize that it is almost always about feelings and issues having to do with the deceased, not you. Our Oak Brook probate attorneys can help explain your role as personal representative and the complications you should expect, supporting you throughout the process.
A personal representative first identifies, collects, and values estate property. This can be a surprisingly challenging task.
Anything the deceased held solely in their name is estate property. You must find it, take possession of it, and inventory it within 60 days of your appointment. Sometimes heirs take items they want or believe the deceased wanted them to have, but they have no right to the property until you settle the estate.
If the decedent had debts and there is not enough cash in the estate to pay them, you may have to sell some or all of the estate property. Deciding what to sell and how much to accept is often a source of discord among heirs. We can advise you throughout this process and help you understand the challenges you can face as an Oak Brook personal representative when selling the decedent’s property.
Sometimes heirs may question whether a decedent’s will is genuine or whether it expresses their true wishes. An heir can bring an action in probate court to contest the will, and as the estate’s personal representative, you must defend it.
According to 755 Illinois Compiled Statutes 5 / 8-1, heirs must contest a will within six months from the date the court admitted the will to probate. There are several grounds they can assert:
Only someone who would inherit if the court sets the will aside can contest a will, and they must prove it is more likely than not that the will is invalid.
When you defend a will, we can represent you and help you prepare for the complications an Oak Brook estate administrator should anticipate. Mediation can help resolve many will contests, but sometimes a trial becomes necessary. Although they are unusual, will contests happen often enough that you should be prepared to manage the challenge if one arises.
Serving as an estate’s personal representative is stressful even when all goes smoothly. Unfortunately, the complications an Oak Brook personal representative should expect are numerous.
At Estate and Probate Legal Group, we can advise you through any probate problem, regardless of its complexity. Reach out to us as soon as you learn that you will be managing an estate.
