After a loved one passes away, there are many tasks that those left behind must still complete in order. One of the most daunting tasks can be the administration of the estate. The first step in this process is usually to open a probate proceeding and submit the will to the appropriate court.
If you are responsible for submitting an Oak Brook will to probate, our team at Estate & Probate Legal Group is here for you. Many people find the probate process confusing and time-consuming, but our experienced probate attorneys can help you navigate the process from start to finish.
What Is Probate?
Probate is the court-supervised process of administering the estate of a deceased person. Under Illinois law, some estates can avoid the probate process if their value is under a certain threshold. For example, if a person who has less than $150,000 in personal property and no real estate passes away in Oak Brook, the estate may avoid probate by filing a Small Estate Affidavit in accordance with Illinois Compiled Statutes Chapter 755, 5/25-1. An estate attorney can also provide advice about ways to transfer some assets like jointly owned real estate, bank accounts, and insurance payments outside of the probate process.
However, any estates that fall outside of these boundaries will have to go through probate. Most probate cases will be the limited supervision type. This consists of opening a probate case in the appropriate court in Oak Brook and submitting the will. A judge will take up the case, but typically only to review and approve the accounting that will be prepared and filed by the estate administrator.
In a full supervision case, the judge will play a larger role in the administration. However, these cases are much less common and are only necessary if there are special circumstances such as a challenge to the will or the need to file a lawsuit on behalf of the estate.
Have questions about the probate process? Contact our office to schedule a consultation with a knowledgeable legal professional.
Submitting a Will to Probate
Probate cases typically need to be opened in the circuit court where the deceased resided. Oak Brook is mostly located in Cook County with a small portion reaching into DuPage County in Illinois, so most Oak Brook probate cases are opened in the Probate Division of the Circuit Court of Cook County.
If the person who passed away left a will, then the initial probate filing should include a Petition for Probate of Will and Letters Testamentary and a copy of the will. The initial filing also typically includes basic information about the contents and value of the estate.
The will should name an estate administrator who is responsible for the case during probate. However, if there is no will, or if there is a problem with the will’s validity, then the court has the power to appoint a representative to administer the estate. If this occurs, the assets of the estate will be distributed in accordance with Illinois law.
Contact Us for Help With Submitting a Will to Probate in Oak Brook
Opening an estate and submitting an Oak Brook will to probate goes more smoothly when people know what to expect. Getting everything prepared and filed correctly prevents unnecessary delays and mistakes, and ultimately can make the process less costly.
If you have questions about how to open a probate case and submit a will, our attorneys at Estate & Probate Legal Group are ready to help. With a dedicated legal professional to assist you throughout the process, probate can be a much less intimidating experience. Contact us today to learn more.