During Stressful Times, Let Brave Law Center, P.C. be Your Guide to Probate Law
Unless you’ve directly dealt with the death of a loved one, you’ve likely never seen the Illinois probate process play out. Unfortunately, unlike most other states, Illinois’ probate system is more complicated and complex. It can take an experienced probate attorney to successfully guide you through the process and ensure you aren’t taken for everything an estate is worth. Count on the experienced team at Brave Law Center, P.C., to lend a hand.
What is Probate?
Probate is the legal process through which a deceased person’s estate is administered and settled. In Illinois, this involves validating the deceased’s will (if one exists), appointing an executor or administrator to oversee the estate, and ensuring that all debts, taxes, and claims against the estate are settled before distributing the remaining assets to the beneficiaries. If an estate exceeds $100,000 in total value, there is a requirement by law to go through a formal probate proceeding. The probate process can be lengthy and require court involvement, mainly if disputes arise or the estate is complex. Furthermore, Illinois law stipulates specific procedures and timelines that must be adhered to, underscoring the importance of having knowledgeable legal representation to navigate this intricate system effectively.
Where is a Probate Proceeding Filed?
When a loved one passes, probate proceedings must be filed in the county where the individual lived. If there is no will or document naming a person in charge, a person must request to become the administrator or personal representative from the probate court. That person can hire an attorney to assist with the probate process and complete the necessary paperwork for the court.
What are the Different Types of Probate Proceedings?
In Illinois, there are several types of probate proceedings. The choice of probate proceeding depends on factors like an estate’s size, beneficiary disputes, what’s outlined in a will, etc. With Brave Law Center, P.C., we understand all types of probate proceedings and the intricacies of navigating each. Examples of the proceedings you may encounter include:
- Formal Probate – The formal probate process is utilized when investigating an estate’s assets in depth. It is necessary for estates with extensive assets, multiple heirs, and the possibility of disputes. An attorney will petition a court for hearings on the state of an estate.
- Independent Administration – Compared to formal probate, independent administration is an easier probate process to manage. There’s less hand-holding by a court, which is best used when the estate being distributed is smaller and without disputes.
- Supervised Administration – A court will want to be involved in every step for the largest and most complicated estates. As implied, supervised administration is closely monitored by the courts and is used when an estate is too large and complex or has disputes that can’t be resolved outside litigation.
What Can a Probate Lawyer Do?
Due to the intricate nature of Illinois probate law, an attorney is essential for the process. With Brave Law Center, P.C., you can have peace of mind after the death of a loved one, knowing their estate and assets will be handled with respect and care. Our team assists with the probate process by:
- We guide appointed executors and administrators on their duties and responsibilities, ensuring they understand the probate process.
- Our team assists in compiling a comprehensive list of the deceased’s assets and determining their value for the estate.
- When reviewing the deceased’s debts, we help inheritors navigate the process of paying off those debts and resolving obligations like tax liabilities and creditor claims.
- Our attorneys represent the deceased’s estate in court during necessary hearings, ensuring compliance with all legal requirements and advocating for your and the estate’s best interests.
- We oversee the distribution of remaining assets to beneficiaries following the deceased’s will or Illinois state law.
- We meditate for and represent clients in any disputes that may arise between beneficiaries or other interested parties regarding the estate.
Handle Probate with Confidence Thanks to Brave Law Center, P.C.
We understand how stressful and confusing dealing with probate law in Illinois can be! Thankfully, with the guidance of Brave Law Center, P.C., we can alleviate some of the complications surrounding the resolution of your loved one’s estate. If interested in the services of our probate attorneys for Peoria IL and the surrounding communities, call 309-685-7900. Brave Law Center, P.C. serves clients throughout Peoria, Woodford, Tazewell, Fulton, Mason and Marshall Counties.
