Helping you handle the administration of a loved one’s estate
If you’ve been named the executor or personal representative of an estate in Illinois, you may be tasked with the responsibility of probate, the court-supervised process by which property is legally transferred following a person’s death. How that property is transferred is typically through a last will and testament, which is proved, or deemed valid, through probate. Depending upon the size or complexities of the estate, the probate process can be lengthy, costly, and time-consuming, making the personal representative’s job a difficult one. If you’re the personal representative of a loved one’s estate, you don’t have to bear the burden alone. An experienced and skilled probate lawyer can offer much-needed legal guidance and emotional support.
At Christopher S. Nudo, Attorney at Law our attorneys have provided comprehensive and considerate probate services to clients residing in and around Highwood for more than 30 years. Our experience and knowledge are exceeded only by our steadfast commitment to each one of our clients. As respected leaders in the community and as mentors conducting continuing legal education courses, we know the laws governing probate and can guide you through each step of the process, ensuring your loved one’s estate is properly administered with the least amount of stress.
The probate process in Illinois
Not all property must pass through probate: If an estate is jointly owned with rights of survivorship, is gifted, or is administered through a revocable or living trust, probate can be avoided. It is necessary, however, to probate an estate when:
- The decedent solely owned real property, which includes land and the buildings erected upon it.
- The decedent solely owned personal property, such as bank accounts, investments, retirement accounts, and life insurance.
In Illinois, probate is handled through the circuit court clerk’s office of the county in which the decedent lived. The basic steps in the probate process are:
- Collecting all probate property of the decedent
- Paying the estate’s debts, claims, and taxes
- Collecting all rights to income, dividends, and other payouts
- any disputes
- Distributing or transferring the remaining property to the heirs.
If a will is carefully and completely crafted, and there are few, if any, outstanding debts to be settled, probate should proceed relatively smoothly, unless someone or some group contests the will. The majority of estates are not contested. But when they are, it’s even more important to seek help from a knowledgeable probate attorney. Will contests may arise for many reasons, including the following:
- Disgruntled heirs seek a larger portion than they’ve received, or family members were excluded completely.
- The decedent lacked sufficient mental capacity when drawing up the will or executed it under duress.
- The will does not conform to the laws of the state.
- A more recent will than the one undergoing probate exists.
While being named a personal representative is an honor, it can also prove to be difficult and draining, complicated by the emotions surrounding the recent death of a loved one. Even the closest relationships can become strained, if not combative, during probate. Our attorneys understand that the job of a personal representative is often complicated by the changing family dynamics that follow a loved one’s death. We support our clients throughout the probate process, ensuring it’s as understandable and uncomplicated as possible.
Contact our skilled probate attorneys for guidance in Highwood, Illinois
The responsibilities of a personal representative can be overwhelming, especially when the estate you’re charged with administering belonged to a loved one whose death you’re still mourning. Our experienced and compassionate probate attorneys at Christopher S. Nudo, Attorney at Law have provided guidance to personal representatives and beneficiaries in Highwood and throughout Chicagoland for more than three decades. We can help you through this often difficult and complex process, ensuring your loved one’s estate is transferred according to his or her wishes and in accordance with the laws of Illinois. Call us at (847)-737-1800 to schedule an appointment or contact us online.
