Personal representatives in Oak Brook probate assume significant responsibility. In most cases, a layperson serves as the personal representative and needs legal advice to carry out their duties. If you are an heir or a beneficiary of an estate, you must understand the personal representative’s role and the probate process so that you know what to expect during estate administration.
At Estate and Probate Legal Group, we can help you understand the role of a personal representative. If you are serving as the personal representative, we can guide you through the probate process. Our probate attorneys have the experience you need to ensure probate proceeds as smoothly as possible.
Probate is a judge-supervised process to pay a deceased person’s (decedent’s) debts and distribute their remaining property to their heirs. Some of the decedent’s property may not be included in their probate estate. If you are serving as the personal representative of a decedent’s estate, our experienced Oak Brook probate attorneys can help you identify any property that passes outside probate.
A personal representative is an individual a probate judge appoints to manage a decedent’s probate estate. If the decedent had a will, the executor of the will is the personal representative. If the decedent did not leave a will, the court appoints someone, usually a close family member such as a surviving spouse or an adult child, to serve as the personal representative.
During probate, the personal representative collects the decedent’s property, pursues or defends any legal cases involving the decedent, pays their debts, and distributes any remaining property. Depending on the complexity of the estate, the process can require a few months, a year, or even longer.
When someone dies, their executor or a family member must petition the court to open probate. An Oak Brook lawyer from our firm can advise the executor on which court will handle the matter and prepare the petition to open the estate for administration.
When the court opens probate and appoints a personal representative, it issues documents granting the personal representative access to the decedent’s bank accounts and other property. The personal representative must:
When the personal representative has settled the estate’s debts and paid all taxes due, they can distribute the remaining property according to the decedent’s will or the laws of intestacy if there is no will.
755 Illinois Compiled Statutes 5 / 6-10 requires the personal representative to notify heirs and beneficiaries of their appointment within 14 days. They must publish a notice to creditors, and the creditors have six months from the date of first publication to file a claim. The personal representative must inventory and value the estate property within 60 days of appointment. If you are in this role, an experienced attorney from our firm can help you complete your tasks on time and in accordance with the law.
If you are the executor of an estate or a family member of a recently deceased person, you are likely grieving your loss. Dealing with the complexities of probate in these circumstances can be challenging.
The attorneys at Estate and Probate Legal Group provide skilled and compassionate guidance to personal representatives in Oak Brook probate. Contact us today to learn how we can help you with probate matters.
