Frequently Asked Questions about Probate and Estate Administration Law
1. What do I do with the will of someone who is deceased?
The original will of the deceased should be filed in the county where the individual died or where the individual resided at the time of death.
2. When a loved one dies, that person's estate must be distributed. How is this accomplished?
One way is through administration overseen by the Probate Court. If there is a will, the Probate Court appoints an administrator, usually the executor of the will. If there is no will, the Probate Court still appoint an administrator only the administrator is someone deemed appropriate by the Probate Court.
Another way is through independent administration by an individual outside of the court system. If there is a will, this is done by the executor. If there is no will, then this is done by the next of kin as determined by state law.
3. What is probate?
Probate is the public process of:
- Filing and validating the will in court
- Paying all the debts and taxes of the deceased person
- Dividing up the assets according to the will or Illinois law
The administrator of the estate will oversee the property and has the right to sign documents, sell property, and distribute assets on behalf of the estate. This process can be further complicated if the deceased left no will, or had complicated finances.
When the assets of the estate are below a certain amount and there is no real estate to transfer, the estate is considered a small estate and probate may not be necessary. In this case, typically only a small estate affidavit is required.
Contact Chicago Probate Law Attorneys
To schedule an appointment with a probate and estate administration attorney, call 773-878-4480 or contact us by e-mail.
