When a family member passes, they may or may not leave a will behind. Probate is used to identify the heirs a person and ensure that any assets left behind are distributed according to the terms of a will left behind or Intestate. You will need an attorney to help you protect your interest in probate court.
Unfortunately, sometimes there are misunderstandings among family members and this can lead to serious legal battles. Our office can help you draft documents needed in court, make court appearances and make sure everything is done right the first time so you can rest assured nothing will come back years later.
Probate is the legal process required upon the passing of an individual whom had a last will and testament prepared. During the probate process, the validity of the will be determined. The executor’s role is to oversee the management of the terms listed therein.
The executor is responsible for notifying creditors of the death and paying off any outstanding liabilities or taxes that may be outstanding. The executor is also responsible for selling any assets to pay outstanding liabilities and distribute proceeds to those beneficiaries named in the will. This process is overseen in the circuit court closest to the decedent and is known as the probate process.
These can be pretty cut and dry however when there are significant sums of money tied to the estates, it leaves room for dispute. In cases like this, it is best to have a probate attorney represent you, such as Robert A. Cheely & Associates.
Many people wonder if there is a legal way to avoid the tedious probate process. While this question is often asked, it is best to plan in advance to ensure no confusion is made. As they say, an ounce of prevention is worth a pound of cure.
In some cases, avoiding probate may be possible or in some cases may be accelerated under certain conditions.
Some of things that may help alleviate the probate process would be to have a living trust in place before death. Estates less than $50,000 may qualify as well as having named beneficiaries listed on asset accounts or where a property is jointly owned.
Assets left out of trust without named beneficiaries may have to go through the probate process. To avoid confusion or frustration for your loved, ones, it is best to contact Robert A. Cheely & Associates to discuss having a will and testament prepared
Many people ask, “what is the difference between probate and estate administration?” Essentially it boils down to whether a will is contested or not. If a will is contested, it may be considered unenforceable.
In cases where there is no will, the estate will have to go through the probate process to determine how the assets will be split between beneficiaries. This process can last up to twelve months in the state of Illinois. Making a will official and enforceable in court of law is part of the probate process.
