When Should You Contact A Probate Attorney?

The death of a loved one can be emotionally difficult. At first, you may be lost in grief, but you will eventually need to begin to think about their estate and the probate process. This is never easy and can sometimes be overwhelming. People wonder if – or when – they should contact a probate attorney. The probate process can seem fairly straightforward, but even the smaller estates can present some unexpected challenges.

What Is Probate?

Probate is the legal closing of a person’s estate. This can include paying all debts and taxes, selling any property and finally distributing assets. While this may sound simple, it is usually more complex than people realize. And it is this complexity that requires the help of a probate attorney.

If the deceased person has a will, they likely named an executor to carry out the probate steps. If they did not name an executor, the probate court will name an administrator to oversee the probate process.

There are more steps than many people initially believe. If you are an executor of a will, here are some steps you will most likely take to close the estate:

• Submit proper documentation to the probate court of Illinois. This can include the will, the death certificate and a Letter of Office.
•  Take inventory of all debts and assets. Understand all debts that must be paid and ensure all the assets are listed in the will. If there are assets that were not included in the will, you may want to speak with an attorney on how to handle this situation.
• Notify all necessary creditors. Illinois law requires the executor to notify all creditors of the person’s death and allow them to send a final bill.
• Open a separate bank account. This is where you will deposit all income from property sales. Also, when all bank and investment accounts are closed, you will transfer all funds to the new account. These funds will pay the debts, and then you can distribute the remaining funds to the beneficiaries.
• Pay the final taxes and notify Social Security. As the executor, you must pay the final taxes and stop the Social Security payments.
• Distribute assets. Once you pay all debts, you will then distribute the remaining assets according to the will.
• Close the estate. Once you pay the debts, close all accounts and distribute the assets, they will submit the proper documentation to the probate court.

There are many steps to closing a person’s estate, and you may find one or more of the above steps complicated. Understandably, it is common for people to contact an attorney during the Illinois probate process.

When Should You Contact A Probate Attorney?

Each of the above steps can cause complications within the probate process. Perhaps the executor has never worked with probate courts and is unsure how to submit legal documents. Or maybe some assets have a lien that the beneficiaries are unaware of. And it is not unheard of for someone to dispute the contents of the will. These reasons and more are instances when you should seek help from a lawyer.

Other reasons you may want to contact a probate attorney:

• Your loved one passed away without a will (also known as dying intestate).
  • If there is no will, the estate must follow Illinois intestacy laws for the courts to distribute the assets.
• If you are an executor, you can contact a probate attorney at any point in the process.
  • Perhaps you only need answers to questions. An attorney can guide you through the probate courts.
• If you fear personal liability in a complicated estate, a probate attorney can take over and handle everything.
  • You may know the family and understand they will hold you personally liable for any mistakes you make.
• If you want to dispute the will.
  • You may need to contact a probate attorney even if you are not an executor. If you feel you were wrongly left out of the will or were led to believe you would receive more, an attorney can help you. A good attorney can sometimes settle a dispute before they go to court. But if the conflict does become legal, the attorney can defend you in probate court.
• It is understandable to be confused or concerned about which creditors must be paid.
  • The estate is responsible for most debts, but some do not require payback. An attorney can review all debts and let you know how to proceed with paying them.

You never know what instance may arise that calls for you to contact a probate attorney. But know that one is available if you need it.

Working With an Illinois Probate Attorney

You do not need to go through the probate process alone. It is common to consult with a probate attorney at any step. You may only need guidance on getting started, a question or two answered or perhaps you would rather the probate attorney completely take over. Even if you simply do not have the time to handle closing an estate, we can help you with whatever you need.

As the executor, you do not want to miss anything. And if there is a dispute regarding the will, you most certainly want a probate attorney on your side. An Illinois probate attorney will know all the recent probate laws and how to best resolve any problems.

Did you know it can take 6-12 months to close an average estate in Illinois? An experienced probate attorney understands all the legal documents you must file with the courts and all the steps you must take to close the estate properly.

Oak Brook Probate Attorney

Do you have questions about Illinois probate, or are you the executor of a loved one’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 the Oak Brook area, contact the Estate & Probate Legal Group at 630-864-5835. 

Areas We Serve: Cook, Dupage, Kane, and Will counties.