When someone passes away, probate is the official legal process to ensure that taxes and debts are paid and that all remaining assets are distributed in accordance with the law. Generally, the person named as executor in the deceased person’s will is responsible for handling the probate and closing probate so the heirs can receive any inheritance. The executor can close the estate and end probate after they have paid all debts and taxes and completed all of their other duties before distributing any assets.
After probate is closed, heirs and creditors have a time period to review the documents of the estate and approve or challenge the estate closing.
1. If additional assets are uncovered after probate has closed, the executor of the estate is responsible for notifying the court that handled the estate’s probate process.
2. Beneficiaries and heirs of the deceased who believe the estate process was closed improperly may file a complaint with the probate court and challenge how the probate process was handled on grounds including:
• validity of documents
• mental capacity and judgement
• interpretation of documents
• breach of fiduciary duty
If you have questions about how probate was closed for an estate where you have an interest as a family member, heir or creditor, an estate planning and litigation attorney can advise on your legal rights and how to file a separate complaint to contest the terms of the will.
If you have questions about Illinois probate law and how to protect your loved ones after you are gone, an experienced probate lawyer can advise you on the best options for your situation. To talk to a qualified probate attorney in Chicago or Oak Brook, contact the Estate & Probate Legal Group at 630-864-5835.
We serve Cook, DuPage, Kane, Lake, and Will counties.