Losing a family member is a devastating and sensitive time for family members. Dealing with a family member’s estate adds to the confusion and stress as you address property and finances. Even when an estate plan is in place and a will was created, families can find themselves involved in probate court to address issues that will come up.
Opening an estate in probate in Oak Brook involves several steps designed to obtain the DuPage County Circuit Court’s approval for the distribution of assets and payment of debts. If you or a loved one has questions about the process, the knowledgeable probate attorneys at the Estate and Probate Legal Group can help. Reach out to our dedicated legal team today to learn more.
When someone dies, state law generally requires a decedent’s estate to go through the probate process in Oak Brook. If the person owned no real estate at their time of death, and the estate is below a certain value, heirs of the decedent can use a Small Estate Affidavit to distribute property from the estate. However, in many situations, a probate court must oversee the distribution of assets and the payment of debts.
A will, in itself, does not avoid probate. However, a will can provide guidance to the probate court and the executor on how and where property should go. If a person dies without a will, the law considers them to have died intestate, and state laws of intestate succession will apply. Under intestate succession, property generally goes to a decedent’s surviving spouse, if there is one, and then to the decedent’s children. If there are no children, parents or siblings could be in line to receive assets based on the situation.
Probate provides legal guidance and court supervision, so the distribution of a decedent’s assets to heirs and beneficiaries can be done in an orderly fashion. To open an Oak Brook estate in probate, you must file the will with the DuPage County Circuit Court, along with a petition to open the probate estate and name an executor. If there is no will, a petition must still be filed so an administrator can be appointed and a court hearing can be held. Heirs and beneficiaries must be notified of the probate proceedings, so any disputes or challenges can be heard.
If the decedent left a will, a Petition to Admit the Will to Probate must be filed along with a Petition for Letters of Office. The Petition for Letters of Office must be sworn to by the Petitioners before filing. This petition will ask the court to appoint an executor to manage the decedent’s estate. If the decedent did not leave a will, a Petition for Letters of Administration will need to be filed. This petition asks for a close family member or friend to serve as Administrator of the estate. The Petition for Letters of Administration will need to identify the petitioner and their relationship to the decedent.
Our experienced attorneys can help family members navigate this process while avoiding costly and time-consuming mistakes.
If you and your family have recently lost a loved one, the thought of opening an estate in probate in Oak Brook can seem intimidating, stressful, and confusing. To ease your concerns, call the dedicated and compassionate attorneys at the Estate and Probate Legal Group to learn more about your options.
