Illinois Probate and Estate Administration Attorneys

When a loved one dies, dealing with the probate and estate administration process can be overwhelming. You’re grieving, and there’s so much to think about. That’s where Wilson & Wilson Estate Planning & Elder Law LLC can help.

In addition to the emotional toll of grieving the loss of a loved one, family members may also experience conflict and disagreement during the estate administration process. This can be due to a number of factors, such as unclear instructions in the will, disputes over family heirlooms, or disagreements about how to distribute assets.

Our experienced LaGrange and Deerfield probate and estate administration attorneys can help you navigate the probate process and ensure that your loved one’s wishes are carried out. We understand that this can be a difficult time, and we’re committed to providing you with the support and guidance you need.

Here are some of the ways we can help:

• Explain the probate process and your rights as an heir or beneficiary.
• Help you file the necessary paperwork and meet deadlines.
• Represent you in court, if necessary.
• Work with you to distribute your loved one’s assets according to their will or trust.
• Understand your rights and obligations as the executor or administrator of the estate
• Resolve any disputes that may arise among family members
• Ensure that the deceased’s wishes are respected and that their assets are distributed according to the law

We know that probate in Illinois can be complex and time-consuming. That’s why we’re here to take some of the burden off of your shoulders. We’ll handle all of the legal details so you can focus on grieving and healing. Contact us today for a consultation to learn more about how we can help you with the probate and estate administration process. We have offices in LaGrange and Deerfield to serve you.

Illinois Laws Regarding Wills

Illinois probate laws have specific requirements for creating a valid will. If you want to ensure that your last wishes are respected, it’s important to create a will that complies with Illinois law. To create a valid will in Illinois, you must:

• Be at least 18 years old
• Be of sound mind
• Write the will (oral wills are not valid)
• Sign the will
• Have two witnesses sign the will in your presence

Illinois recognizes wills executed outside of the state, but only if they were drafted and signed in accordance with the laws of the state where they were executed. You can revoke your will at any time by:

• Burning, tearing, or canceling it, or
• Drafting a new will

It’s important to note that once a new will is executed, it revokes all previous wills. If you have any questions about creating or revoking a will in Illinois, please consult with an experienced estate planning attorney at Wilson & Wilson Estate Planning & Elder Law LLC.

Estate Administration Defined

Estate administration is the process of settling a deceased person’s estate. This includes gathering the assets, paying the debts, and distributing the remaining assets to the beneficiaries. If the deceased person had a will, the person who has the will must file it with the court in the county where the deceased person lived. Destroying a will or failing to disclose it for more than 30 days is a felony.

Not all estates need to go through probate. Probate is typically not needed if the estate doesn’t include any real property and the total value of the personal property is less than $100,000. However, if the deceased person owned real property or the value of the personal property is more than $100,000, probate is required. Probate can be a complex and time-consuming process, but it’s important to ensure that the deceased person’s estate is settled properly. An experienced Illinois estate planning lawyer can help you navigate the probate process and ensure that the deceased person’s wishes are respected.

What Estate Administration in Illinois Involves

After a will is filed and a probate case is opened, the court will admit the will to probate and appoint a personal representative, who is the person in charge of administering the estate. The personal representative may be an executor, someone named in the will to handle the estate, or an administrator, who is appointed by the court if there is no will or if the executor is unable or unwilling to serve. Executors and administrators are entitled to receive reasonable fees for their services.

Illinois probate cases typically proceed under “independent administration,” which means the personal representative can take action without obtaining court approval. However, in some cases, the court may order “supervised administration,” which means the personal representative must obtain court approval for most actions.

During the probate process, the personal representative must identify and gather all of the assets of the estate and pay any valid debts. This may require selling some of the estate’s assets. The personal representative must also notify all known creditors of the probate case and publish a notice in a local newspaper to notify unknown creditors. Creditors have six months to file claims.

The personal representative must also obtain a tax ID for the estate and file state and federal tax returns on its behalf. If the deceased person has a valid will, the estate will be distributed in accordance with the terms of the will unless the will is contested. If the deceased person died without a will, the estate will be distributed according to Illinois intestacy laws.