Chicago Probate Litigation Attorneys
Probate Litigation – The passing of a loved one often results in a complicated blend of emotions. Processing the details of the deceased’s estate while coping with grief can be overwhelming. It raises questions like how long will it last, is there a will and do they have remaining debts? When facing matters of probate, you’re likely to have a lot of questions such as these. For that reason it’s essential to have the assistance of a probate lawyer.
The Law Offices of Anthony R. Scifo is a premiere probate litigation firm based in Elgin. Our probate lawyers bring years of experience in handling complex probate issues. With an emphasis on compassionate services, we explain the processes along the way so clients know what to anticipate. Our goal is to help make the experience go smoothly, regardless of the challenges that might be part of the situation.
Probate in Illinois – Probate Litigation
Probate is a legal procedure for administering the assets of an estate after the passing of the estate’s owner. An executor, who is often a relative or close associate of the deceased, initiates the process. Our lawyers coordinate with the executor, administrators and trustees of estates to streamline the administration of probate. An estate plan in place may help bypass probate. However, in some instances an estate plan also helps probate proceed efficiently. On occasion, estates with a value less than $100,000 can process through a summary administration rather than probate. In any case, the court system in Illinois must handle estates.
Probate Lawyers for Kane and Cook Counties
A deceased individual’s executor handles their estate. The executor is responsible to:
- -Show in court the deceased’s will is valid.
- -Identify and take an inventory of the estate’s assets.
- -Obtain appraisal of the estate’s assets.
- -Pay the estate’s taxes and remaining debts. Distribute the estate’s remaining properties according to the will’s instructions. If there is no will, state law applies.
When Probate is Necessary
The requirement for probate depends upon the assets of the deceased and how they held title to the assets. It doesn’t depend on if there’s a will or not. In general, formal probate court proceeds are necessary in the state of Illinois when:
-There are some assets the deceased person owns that in all have a value of more than $100,000.
Many assets don’t need to go through the probate process such as:
- -Those that are held in a trust.
- -Assets that are subject to beneficiary designations. For example, a retirement account that names a beneficiary.
- -Real estate that’s subject to the state’s transfer-on-death deed.
Small Estate Affidavits
Probate proceedings are generally not necessary for estates with a value under $100,000 that don’t contain real estate. As an alternative step, the people inheriting the assets may utilize a simple affidavit for claiming their inheritances. As an example, consider a person who inherits a bank account. That person may present the necessary paperwork to the bank to receive the funds.
A standard affidavit is only a few pages and is fairly simply to complete. However, some types of institutions like a public pension agency might have their own versions.
On an affidavit, the individual seeking the assets provides standard information regarding the deceased.
They must state that probate proceeds are not underway and that funeral costs are paid, for instance.
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Affidavits also must declare if a valid will exists. If a will does exist, the inheritor provides a copy of it in addition to the affidavit. In the state of Illinois, the circuit court in the deceased’s county of residence handles the probate process. Some bigger counties will have a circuit court division that is specifically for probate.
Probate is a responsibility of the executor named in the deceased’s will. If there is not a valid will, an individual must ask the court to appoint them as the administrator of the estate. It is role that is very similar to the role of an executor. Probate starts when the executor files a will with their local court. Then, when necessary, a probate case opens by the filing of documents. Typically, the executor retain a lawyer to draft and file the paperwork. Notice of the proceedings must be sent to the deceased’s heirs.
We have success working with families of various socioeconomic backgrounds and high net worth estates.
Our probate litigation staff is especially adept at handling extremely contentious circumstances.
We will work diligently to protect the estate of your loved one.
Contact a Probate and Probate Litigation Attorney Today
If you need help with a probate litigation matter, please contact our law firm to set up an initial appointment today.
We serve clients in the Chicago area, including Elgin, Rolling Meadows, Barrington, Carpentersville, South Elgin, Lake In the Hills, Crystal Lake, Geneva, St. Charles, Kane County, Cook County, and surrounding counties.