Hinsdale Probate and Estate Administration Lawyer

What is Probate & When is it Required in Illinois?

When a loved one passes away, someone must manage and distribute the estate. A well-executed estate plan helps to simplify the distribution process. When an estate plan is not in place via a will or trust, or the plan drafted does not take measures to avoid probate, the estate may have to go through the court-managed process of probate.

There are a few circumstances in which probate is required in Illinois, including:

• If the assets exceed $100,000
• If the assets contain real estate
• If letters of office (one-page certified documents issued by a probate court) have been issued
• If the decedent's family believes someone will contest the will or there will be an heirship dispute

At Russo Law Offices, our Hinsdale probate lawyer assist clients with drafting detailed estate plans that help avoid the probate process. We also help clients who do not want a living trust, but who know that a well-drafted will is essential to a smooth probate process. In addition, our attorneys work with clients who are navigating the probate process.

How Can I Avoid Probate in Illinois?

In Illinois you can do the following to avoid the probate process:

• Create a revocable living trust
• Set up payable-on-death accounts
• Create a joint ownership
• Ensure that proper beneficiaries are named

What is the Probate Administration Process?

A probate proceeding is initiated in the decedent's county of residence. The court will oversee independent administration or supervised administration depending on the complexities of the case.

The steps of the process typically involve:

• Filing a petition with the probate court
• Sending notice to heirs and the public
• Appointing an executor or administrator
• Preparing an inventory of the estate
• Administering claims of creditors
• Selling assets
• Filing and paying of taxes
• Distributing assets to beneficiaries

How Long Does Probate Take in Illinois?

Generally, the Illinois probate process will last between 6 and 12 months. However, it can certainly last much longer depending on various factors. There's a guarantee that the process will take at least six month because that is the time allotted to creditors to make any claims against the estate.

Illinois Probate FAQ

How much does probate cost in Illinois?

On average, if it is a straightforward case, probate costs will range between $4,000-$6,000. The probate law in Illinois dictates that the costs of probate will be paid for by the estate.

What are the requirements for writing a will in Illinois?

Here are the following requirements for writing a will in Illinois:

• Must be at least 18 years old
• Must be of sound mind with the mental capacity to understand the consequences of the will being created
• Must sign the will with two witnesses present; the two witnesses must also sign the will

The lawyers at Russo Law Offices work with heirs, beneficiaries, executors, and trustees to solve and complete estate administration. We also work with individuals who wish to create an estate plan and take measures to avoid probate when possible. If you need a probate lawyer or have any questions regarding estate planning, our Hinsdale probate attorneys can help. Located in Hinsdale, Illinois, we serve clients throughout the Chicago area including Cook, Lake, Will, and DuPage counties. We know you are busy, so we work hard to make your interaction as convenient as possible.