By Emily Gleason
Probate is a legal process used to settle estates after death. The probate process in Illinois is fourfold. First, probate must be opened with the clerk of the court in the county where the decedent last resided and intended to remain. If the decedent owned real estate in multiple States, ancillary probate must be opened in all of those States. In Cook County, the probate court is located on the 12th and 18th floors of the Daley Center in Chicago.
Next, a court rules on a decedent's heirs, or beneficiaries of the estate. Heirs of an estate do not necessarily have to be related to a decedent. Furthermore, not all of a decedent's children or relatives are necessarily heirs. Illinois law also requires notice to the public when a decedent's estate is probated so that any creditors can come forward to claim assets. Third, a court rules on whether a decedent's will is valid.
Finally, a court appoints an executor (if there is a will) or an administrator (in cases where there is no will) of the estate. If a person dies without a will, the administrator of the estate will be determined by the following order of preference under Illinois law: (1) surviving spouse, (2) heirs (beneficiaries of the will with preference for children first), (3) children, (4) grandchildren, (5) brothers and sisters.
Probate is not required in Illinois if the decedent set up a living trust, or if the decedent's estate was jointly held. Jointly held property usually includes real estate where two people are tilted as joint tenants, joint bank accounts, and life insurance with a named beneficiary. In addition, probate is not required when a decedent's estate is worth less than $100,000 and includes no real estate.
Even when probate is not required, it can still be smart to open an estate in probate court. For example, if anyone owed a decedent money, probate can be used to collect that money on behalf of that decedent.
Furthermore, probate is a helpful process when a will is contested. For example, if a decedent was unduly influenced to sign a will while mentally incompetent, a court can rule that the will is defective. In addition, probate can be a helpful tool when there are disputes between heirs over assets.
All of the work involved in probate usually requires the assistance of an attorney. Probate can be a difficult process, especially when a will is contested or when there are disputes among heirs. Probate attorneys can assist with making the process as fair as possible. Furthermore, Illinois probate attorneys help with additional matters legal matters surrounding a loved one's death, such as paying both federal and Illinois death taxes.
Again, probate is a legal process that helps to ensure a decedent's estate is distributed fairly and according to his or her wishes. Although it is not always required by Illinois law, probate can be extremely helpful process for settling a decedent's estate.
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