A personal representative is tasked with carrying out the administration of the estate of a person who has passed away. Often, this is a close family member or personal friend of the deceased, who may or may not have any previous experience with the probate process or with managing an estate.
While being entrusted with this responsibility is an honor, it can also feel overwhelming. Seeking guidance from an experienced probate attorney can help you gain a better understanding of what you need to do and how to do it. At Estate and Probate Legal Group, our team has years of experience advising personal representatives in Aurora probate cases.
What Is Probate?
Probate is the court-supervised process of administering the estate of a deceased person. A probate case is generally opened in the county where the person who passed away was domiciled. Because Aurora spans parts of Kane, DuPage, Will, and Kendall counties, the appropriate probate court will depend on where the deceased person lived. For example, estates of Aurora residents who lived in Kane County generally proceed through the Kane County Circuit Court.
Some cases will not have to go through probate. Cases that do fall into two main types: limited supervision, which covers most cases, and full supervision. In a limited supervision case, the judge only reviews and approves the final accounting filed by the personal representative. Judges are more involved in full supervision cases, but these are only necessary if there are special circumstances like a dispute about the will or the need for the estate to file a lawsuit.
Still have questions? Reach out now to schedule a consultation with a qualified probate attorney and discuss your next steps.
What Are the Personal Representative’s Responsibilities?
In every Aurora probate case, the judge will appoint a personal representative. This is an important role that involves carrying out legal responsibilities while acting in the best interests of the estate and its beneficiaries.
The responsibilities of the personal representative typically include:
- Identifying, securing, and managing estate assets
- Notifying heirs and creditors
- Paying taxes and any other valid claims according to the priority under Illinois law
- Distributing remaining assets to beneficiaries
- Preparing a final accounting for the court
Personal representatives often find these duties to be complicated and time-consuming. However, the job does involve reasonable compensation under Illinois law, depending on the complexity of the estate and how much time is necessary to complete the work. Often, personal representatives are able to hire their own attorneys so they can access advice about complying with all of their fiduciary responsibilities. Having a professional legal advisor can help personal representatives avoid problems and unnecessary delays during the probate process. They can also help the representative with things like managing creditors, locating and securing assets, tracking down hard-to-find beneficiaries, and communicating with all of the parties who have an interest in the estate administration.
Named a Personal Representative in a Probate Case? Ask Our Aurora Lawyers for Help
When you are asked to be a personal representative in an Aurora probate case, it means that someone has put their trust in you to carry out their last wishes, or that a court has decided that you were responsible enough to handle this type of task. This is something you can be proud of, but it is also something you have to take very seriously.
At Estate & Probate Legal Group, our attorneys can advise you about the duties of being a personal representative as well as any issues that may arise during the administration of the estate. If you have questions, contact our office today to set up an appointment.