We have become a more mobile society, many of us living far away from where we were born or where our parents live. It’s difficult when parents die, and if you live in another state, you must also deal with the logistics of closing their estate. This is not an uncommon problem, but it can be frustrating, time-consuming and expensive to try and navigate the probate process on your own. You need an Illinois probate attorney if your parents died in Illinois but you live out of state.
Probate is conducted in the deceased person’s state of residence. This is sometimes called the “domiciliary probate” because it takes place where the deceased person was domiciled—that is, made a permanent home.
Even simple estates have many technical rules and potential liability and problems. Documents are required, there are strict deadlines on court filings, debts and taxes must be paid and assets distributed. On average, a typical estate takes anywhere from 6 to 12 months to go through probate and close.
You most likely will need an Illinois probate attorney if you live out of state and your parent lived in Illinois. In Illinois, a probate lawyer is required for all formal probate proceedings. If you live out of state but your parents died in Illinois, your personal attorney may be able to work with a local Illinois probate attorney to simplify and expedite the process. In some cases, it can be possible to file for probate without an attorney in Illinois, depending on the size of the estate. Usually, the estate must be valued at less than $100,000 and not include any real estate.
Every state allows you to be an executor if you live in another state, but most have some conditions. If you are the executor of your parent’s estate, here are some items you may be responsible for:
Some steps you can do yourself, and there are some steps that you may want help from an experienced probate attorney, especially when working with the courts and handling disputes. There are specific Illinois laws regarding probate that you may not be aware of, and your attorney can help you quickly settle disputes, and maybe avoid some time-consuming court proceedings.
Learn More: What Does A Will Executor Do?
Do you have questions about Illinois probate, or are you the executor of your parent’s estate? If so, an experienced probate lawyer can advise you on the best options for your situation. To talk to a qualified probate attorney in Chicago, contact the Estate & Probate Legal Group at 630-864-5835.
Areas We Serve: Cook, Dupage, Kane, Kendall, Lake and Will counties.
