Who We Help
Estate matters look different for every family. Here are the situations we hear about most often, and how we step in:
- Families unsure whether anything needs to be filed. A loved one has died, and no one knows if the court needs to be involved. We help you understand what probate actually is, when it applies, what does not require court involvement, and what needs to happen first.
- People responsible for settling an estate. Maybe you were named in a will, appointed by a court, or simply asked by your family to take charge. We help you secure property, keep accurate records, send required notices, manage expenses, communicate with beneficiaries, prepare accountings, and steer clear of missteps that can lead to delays, family conflict, or personal liability.
- Families who found a will but are unsure what to do next. You have the document in hand, yet you do not know whether it must be filed with the court, who is supposed to act, or how much authority the named executor holds before the court gets involved. We answer those questions and help you take the right first steps.
- Families facing bills and creditor demands. Credit-card statements, medical bills, loan notices, tax letters, and creditor demands can arrive quickly after a death. We help you sort out which debts may be paid from the estate, how to review and respond to claims, what records to keep, and what happens when the estate holds valuable property but lacks enough available cash to cover expenses, debts, or taxes.
- Beneficiaries and expected heirs. You have been told you are part of an estate, but you are in the dark. You do not know who is in charge, what information you should be receiving, or how long everything will take. We help you understand your rights and what to expect along the way.
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 your shoulders. We’ll handle all of the legal details so you can focus on grieving and healing.
Probate and Estate Administration in Illinois
Probate is the legal process of settling a deceased person’s estate. It can be a complex process, but if you understand how it works, you’ll be prepared in case you’re ever named as an executor or administrator of an estate.
Here’s a simplified overview of the probate process in Illinois:
- Someone applies for probate. This is usually done by the executor named in the deceased person’s will. If there’s no will, or if the executor named in the will is unable or unwilling to serve, the court will appoint an administrator.
- The court appoints an executor or administrator. Once the court has appointed an executor or administrator, they’ll be responsible for administering the estate under the court’s guidance.
- The executor or administrator gathers the deceased person’s assets and pays their debts. This includes notifying creditors and giving them a chance to file claims against the estate.
- The executor or administrator distributes the deceased person’s remaining assets to their beneficiaries. Once all debts and claims have been paid, the executor or administrator will distribute the remaining assets to the beneficiaries named in the will. If there is no will, the assets will be distributed according to Illinois intestacy laws.
Here are some tips to help you navigate the probate process:
- Gather all of the deceased person’s important documents. This includes their will, life insurance policies, retirement accounts, and other financial documents.
- Contact an experienced estate planning attorney. An attorney can help you understand the probate process and ensure that the deceased person’s estate is settled properly.
- Be patient. Probate can take several months or even years to complete. Don’t get frustrated if the process takes longer than you expected.
Remember, the goal of probate is to ensure that the deceased person’s wishes are carried out and that their assets are distributed to their beneficiaries according to the law.
Why Choose Wilson & Wilson
Wilson & Wilson Estate Planning & Elder Law has been proudly helping families through probate and estate administration for many years. Here’s why Illinois residents choose our attorneys:
- We speak plainly. Legal terms have their place, but not when you are trying to understand your own family’s situation. We explain things clearly and answer your questions without making you feel small for asking.
- We treat you like a person, not a file. Grief and paperwork do not mix well. We are mindful of the emotional weight behind every estate, and we handle your matter with genuine care.
- We protect representatives from costly mistakes. Executors and administrators can be held responsible for errors. We help you follow the rules, meet deadlines, and document your decisions so you stay protected.
- We keep things moving. Delays cost time, money, and peace of mind. We stay on top of court requirements and creditor deadlines to keep your estate on track.
We’re dedicated to helping you ensure that you have everything you need to get through this difficult time. Reach out to our team to learn more about how we can help.