Chicago Probate Attorney

Probate is the legal term used for the process of proving a will is valid, distributing property to heirs and settling unpaid debts. If there is no will, probate is the way the court decides how the deceased’s property will be distributed. An executor of a will is someone named by the deceased, while an administrator is appointed by probate court in the event there is no will.

Probate rules vary slightly from state to state. In Illinois, probate can refer to the distribution of assets after someone’s death or to the guardianship of a person who has become permanently disabled. A probate estate must be opened if assets are greater than $100,000 or if real estate is involved in the estate. The probate estate is opened in the county in which the deceased lived when he or she died. Hays Firm can guide you through probate across the state.

If a probate estate is opened soon after a person’s death, all debts are paid, and all property distributed in a timely manner, the probate process may take as little as 6-8 months. However, resolving creditor issues and selling real property like a home usually extends the process.

In order to determine whether probate is necessary, we will review the deceased person’s property. If the deceased person owned real property, such as a home, and the real property is not owned jointly by a surviving spouse or relative, then a probate estate will need to be opened. 

As to other assets, if the total amount of the decedent’s personal assets are greater than $100,000.00, a probate estate must be opened to transfer these assets.

Many people have heard tales of horrific family drama stemming from a probate matter. Siblings who no longer speak to one another, arguing for years over family heirlooms that may not have any value outside of the family. However, these nightmares are the exception to the probate process, not the rule. By and large, families work together with the executor to sell property and fairly distribute assets. Disputes, if any, are addressed without the need for intervention from the court.

Costs incurred during the probate process include court filing fees, costs for publication to creditors, the initial and annual premiums for a surety bond, and attorneys’ fees. These fees will vary depending on where the probate estate must be filed, the time that has passed since the person died, and whether the person had a will. Additionally, the size or the value of the assets in the estate will impact probate costs.

This question is best answered by one of our estate planning attorneys. Since probate is not inherently bad or problematic, it is important to learn your goals and plans. There are many advantages to the probate process. However, there are many reasons to set up an estate plan outside of the probate process. Please contact one of our attorneys to learn more about what is right for you and your family.

Simply put, power of attorney means that you have authorized a trusted person to act in your name in the event that you are unable to make decisions about your health or finances. This can happen as a result of an accident, traumatic illness, or simply due to aging. Without designated power of attorney, your loved ones cannot make decisions for you, and the probate court must name a legal guardian for you, an often long and expensive process. Making an estate plan, including giving someone you trust power of attorney, protects you during your life and your loved ones after your death.

No, the executor or administrator of an estate does not pay for the deceased person’s bills out of his or her own personal funds. All of the bills are paid from the money and assets that the deceased person left behind.