The Illinois probate process is a court-supervised legal procedure that is sometimes (but not always) required after a person's death. Its purpose is to make clear who inherits the deceased person's property and ensure that valid debts and taxes are paid. Under Illinois law, a will is the judicial process of administering the estate of a deceased person. This is done by resolving all claims related to the estate and distributing the deceased person's assets under a valid will or under the intestate succession laws of the State of Illinois.
And while many lawyers have tried to promote the myth that Illinois probate law is bad and that the process should be avoided at all costs, Illinois probate procedures are often very simple and routine. Is Legalization Required in Illinois? How do you avoid succession in Illinois? Can an executor of an estate be compensated in Illinois? How much do you pay an executor in Illinois? How Long Does Legalization Take in Illinois? Do all assets have to go through probate in Illinois? Probate Real Estate Does a Will Have to Be Probate in Illinois? Settling an Inheritance in Illinois How long do you have to file an estate after a death in Illinois? Probate Court in IllinoisCode of Probate in Illinois. The probate process in Illinois is generally handled by an executor (also called a personal representative) selected in advance by the deceased. If no executor was elected, the court will generally appoint a relative, financial institution, or trust company to perform the function.
Probate begins when the executor files the will in the county where the deceased person lived; this must be done within a reasonable period of time after the person's death. Assets held jointly will be transferred to the surviving owner without having to go through probate court proceedings. To legalize an estate in Illinois, there are likely to be several costs that will need to be paid throughout the administration. The procedure for admitting a will of will serves to ensure that the basic requirements of a legal will are met.
Although probate is commonly found, the Illinois probate process is shrouded in mystery, often leading to fear, delay, and sometimes outright avoidance of filing the probate case. A lawyer is usually hired to prepare and submit the necessary documents to initiate the probate process. Although some probate lawyers have the tax experience to also serve as tax advisors, it is often necessary for the representative to hire a tax professional to advise on income taxes and the tax consequences of estate decisions. Depending on the size of the estate and how supported the courts are, the succession can take months or even years.
A properly drafted will that covers all of your bases can help speed up the probate process when the time comes. Before the assets can be distributed to the beneficiaries of the estate, all expenses related to the probate process must be paid out of the assets of the estate. Instead of filing a formal legalization, the person who is the heir will use an affidavit to claim the inheritance. The probate process should allow time for creditors to be notified, required income tax returns filed, and any disputes resolved.
If there is a will and a designated executor capable and willing to act, the executor uses the Petition for Probate and Letters of Probate. Careful advance planning, including the use of living trusts, can reduce or eliminate the need for loved ones to wait for the probate process to finish. Property owned by the deceased and real property that is the exclusive property of the deceased will go through succession unless they are held jointly. The order to discharge and close the estate is the end of the probate process in almost all successions.
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