At Katherine L. Maloney & Associates, we believe that informed clients make the best decisions when navigating the probate process. That's why we are committed to simplifying complex legal terms and clarifying confusing probate procedures, so you can make confident choices regarding your loved one's estate. Contact our office online or at 815-577-9763 for a Free Consultation to get personalized legal advice on probate matters. In the meantime, here are answers to some of the most common questions we receive from new clients at our Plainfield office.
What is Probate?
Probate is the legal process through which a deceased person's estate is administered, debts are settled, and assets are distributed according to the Will or state law if there is no will. It involves validating the will (if one exists), appointing an executor or administrator, and overseeing the asset distribution process.
Do all estates go through probate?
Not all estates need to go through probate. If the deceased had assets in joint tenancy, payable-on-death accounts, or established a living trust, those assets can bypass the probate process. Additionally, small estates may qualify for simplified procedures, such as a small estate affidavit.
How long does probate take?
The length of the probate process varies depending on the complexity of the estate and any disputes among heirs or legatees. It typically takes 6 months to a year, but contested cases or more complicated estates can take longer.
How much does probate cost?
Probate costs include court fees and attorney fees. It can also include executor/administrator fees, and other expenses.
What happens if someone dies without a will?
When someone dies without a Will (intestate), their estate is distributed according to the Illinois intestacy laws. This usually means assets are divided among the closest relatives, such as a spouse and children, or other relatives if no immediate family is present.
Who is responsible for managing the probate process?
If there is a valid will, the person named as the executor is responsible for managing probate. If there is no will, the court will appoint an administrator to handle the estate's affairs, after a proposed administrator has filed a Petition. Both the executor and administrator are tasked with gathering assets, paying debts, and distributing the property.
Can probate be avoided?
Yes, probate can be avoided with a proper estate plan. Creating a trust, naming beneficiaries on financial accounts, and owning property in joint tenancy are common methods to bypass probate. An estate planning attorney can help you put an estate plan in place to minimize the need for probate.
What is the role of the executor in probate?
The executor is responsible for carrying out the wishes of the decedent as outlined in their Will. This includes collecting and safeguarding the estate's assets, paying debts and taxes, and distributing the remaining assets to the legatees. If there is no will, an administrator performs a similar role.
What are the common challenges during probate?
Common challenges include disputes among heirs or legatees, claims from creditors, unclear or outdated wills, and delays in asset distribution.
Can an individual contest a will during probate?
Yes, interested parties can contest a Will during probate if they believe the Will is invalid due to reasons such as fraud, undue influence, lack of capacity, or improper execution. Contesting a will can extend the probate process and will require court hearings to resolve the dispute.
Contact a Probate Lawyer in Will County Today
At Katherine L. Maloney & Associates, we know you have lots of questions about estate planning. Our estate planning lawyer in Will County, IL is here to answer your specific questions. Contact us either by using our online form or calling us directly at 815-577-9763 to schedule a free Consultation.
