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Elmhurst Probate Attorney | Estate Administration Attorneys

Elmhurst Probate Attorney | Estate Administration Attorneys

​​If you are the executor, trustee or administrator of a loved ones estate, you do not have to do it alone. Our experienced Elmhurst probate attorneys are here to guide you through the process. Our excellent communication with our clients, extensive experience, and affordable rates make the experience of probate or estate administration as easy as possible for you and your family.

​​If you are the executor, trustee or administrator of a loved ones estate, you do not have to do it alone. Our experienced Elmhurst probate attorneys are here to guide you through the process. Our excellent communication with our clients, extensive experience, and affordable rates make the experience of probate or estate administration as easy as possible for you and your family.

Our Experienced Elmhurst Probate Attorneys Handle Cases Including But Not Limited To:

Your Community Law Firm

Why O'Flaherty Law for My

Probate

Matter?

In this video, Elmhurst probate attorney Kevin O'Flaherty describes why O'Flaherty Law is the best choice for your probate matter.

  • We Are Cost Effective!  We understand that the last thing you and your family need at this difficult time is expensive legal fees.  Our experienced Elmhurst attorneys will handle your probate matter efficiently and effectively.  We are proud of our affordable rates! 
  • We Go Above-And-Beyond For You And Your Family!  At O'Flaherty Law, we have a singular focus on providing experienced legal work and excellent service to our clients.  Many of our clients have taken the time to write us glowing testimonials after being assisted by our Elmhurst probate attorneys.  In 2016 we were the recipient of the Avvo Client's Choice Award.  Kevin O'Flaherty was honored to receive the Best Under 40 Award from Suburban Life Magazine in 2015.  We have built a reputation for making every client's experience with our firm a positive one, despite the difficult times that we are helping them navigate. 
  • We Are Comprehensive!  Probate cases often intersect with other areas of law that other probate attorneys are not capable of handling.  Our team of Elmhurst attorneys collectively have experience in nearly every area of law, and we take a collaborative approach to ensure that the best legal mind is focused on whatever issue may arise in your probate matter.  Whether your probate case requires experience in real estate, family law, business law, or litigation, we have the resources to handle the issue in house to make sure you are getting the best representation possible. 

Some of Our Accomplishments

Schedule a Free Consultation With Our

Elmhurst Probate Attorneys

estate attorney elmhurst illinois

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Please contact our friendly

Elmhurst Probate Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Elmhurst

110 E. Schiller Street, Ste. 220B
Elmhurst
,
IL
60126
Get Directions

See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.  ​​​

Hours: 9 am - 5 pm Mon - Fri

Our  Office Locations: 

Downers Grove Attorneys, Downers Grove Attorney, Downers Grove Lawyer, Downers Grove Lawyers

Downers Grove

5002 Main St, Ste. 201 Downers Grove, IL 60515

Naperville Attorney, Naperville Attorneys, Naperville Lawyers, Naperville Lawyer

Naperville

105 Jackson Avenue, Ste. 4b Naperville, IL 60540

Elmhurst Lawyer, Elmhurst Lawyers, Elmhurst Attorneys, Elmhurst Attorney

Elmhurst

​110 E. Schiller Street, Ste. 220B ​Elmhurst, IL 60126

Lake in the Hills Attorneys, Lake in the Hills Attorney, Lake in the Hills Lawyer, Lake in the Hills Lawyers

Lake in the Hills

8411 Pyott Road, Ste. 107, ​Lake in the Hills, IL 60156

Tinley Park Attorney, Tinley Park Attorneys, Tinley Park Lawyer, Tinley Park Lawyers

Tinley Park

​16557 Oak Park Avenue, Ste. B, Tinley Park, IL 60477

St. Charles Attorneys, St. Charles Lawyers, St. Charles Attorney, St. Lawyer

St. Charles

210 S Fifth St, Ste. 107B, St. Charles, IL 60174

estate lawyer elmhurst il

Meet Our Owner

Kevin O'Flaherty oversees all legal matters and is actively involved in making sure every client's case, big or small, is handled with excellence and attention to detail. He is available to contact through phone and email and his rates are available upon request.

Here's What Our Clients Have to Say:

John Paul Clancy
Says...

"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."

Kevin Sender
Says...

"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."

Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!

An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.

DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
John Paul Clancy
Says...
"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Kevin Sender
Says...
"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Mike Stehlik
Says...
"Kevin and his team are my "Go To" resource for clients that need estate planning"
Kevin Koc
Says...
Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!
Stephen Petersen
Says...
An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.
Troy Golden
Says...
Kevin is an excellent attorney. He helped me incorporate by business and provides legal counsel as need. I highly recommend him.

Click here for Videos, Podcasts, and Articles by our Elmhurst Probate Attorneys

elmhurst estate administration attorney

Or Continue Scrolling Below to Browse some of our Most Helpful Articles

Can a Revocable Living Trust Avoid Estate Taxes?

In this article, we will explain the difference between revocable trusts and irrevocable trusts in Illinois.  We will answer the questions, how do trusts work?, what is the difference between a revocable living trust and an irrevocable trust?, what is a revocable living trust used for?, and what is an irrevocable trust used for?  We will also discuss how irrevocable trusts are used to protect assets from creditors, to plan for long-term care, and to minimize estate tax.

Read More
estate administration lawyer elmhurst illinois

In this article, we will explain the difference between revocable trusts and irrevocable trusts in Illinois.  We will answer the questions, how do trusts work?, what is the difference between a revocable living trust and an irrevocable trust?, what is a revocable living trust used for?, and what is an irrevocable trust used for?  We will also discuss how irrevocable trusts are used to protect assets from creditors, to plan for long-term care, and to minimize estate tax.

Read More

The Illinois Probate Process Explained

elmhurst probate lawyer

Elmhurst probate lawyer Kevin O'Flaherty explains the probate process in Illinois.

elmhurst probate lawyer

In this article, our Elmhurst probate attorneys explain the probate process. Probate is a court proceeding that often occurs when an individual passes away.  The purpose of a probate proceeding is for the court to give an executor the power to collect the assets of the deceased person (called "the decedent") and distribute the assets to creditors of the decedent and to the decedents heirs.  The executor is required to give certain notices to creditors and heirs and report to the court regarding the affairs of the estate within particular deadlines.  The court will oversee the distribution of the estate and resolve any disputes between heirs and creditors.  ​

Read the full article by our Elmhurst probate attorneys explaining the Illinois probate process.

Do I Have To File A Probate Case If My Loved One Passes Away?

In this article, our Elmhurst probate lawyers explain when probate is necessary in Illinois. In Illinois probate is necessary whenever any of the following situations exist:

  1. The decedent owned any real estate (even if there is a mortgage) outside of a trust;  
  2. The decedent owned more than $100,000.00 in assets of any sort outside of either a trust or accounts that are directly payable to named beneficiaries; or 
  3. There is a dispute between interested parties such as heirs and creditors that cannot be resolved out of court. 

If any of the above situations are the case, then in order for family member to take control of the decedent's assets and distribute them to the decedent's heirs, he or she will have to file a probate case, be named executor of the estate by the court, and receive Letters of Office.  Letters of Office are an order from the court that give the executor authority to administer the estate.  Financial institutions will need to see the Letters of Office before allowing the executor to do anything with the assets of the deceased.  ​


Read the full article by our Elmhurst probate attorneys explaining when probate is necessary in Illinois.

Elmhurst probate lawyer Kevin O'Flaherty explains when probate is necessary in Illinois.

probate attorney elmhurst illinois

In this article, our Elmhurst probate lawyers explain when probate is necessary in Illinois. In Illinois probate is necessary whenever any of the following situations exist:

  1. The decedent owned any real estate (even if there is a mortgage) outside of a trust;  
  2. The decedent owned more than $100,000.00 in assets of any sort outside of either a trust or accounts that are directly payable to named beneficiaries; or 
  3. There is a dispute between interested parties such as heirs and creditors that cannot be resolved out of court. 

If any of the above situations are the case, then in order for family member to take control of the decedent's assets and distribute them to the decedent's heirs, he or she will have to file a probate case, be named executor of the estate by the court, and receive Letters of Office.  Letters of Office are an order from the court that give the executor authority to administer the estate.  Financial institutions will need to see the Letters of Office before allowing the executor to do anything with the assets of the deceased.  ​


Read the full article by our Elmhurst probate attorneys explaining when probate is necessary in Illinois.

How Is The Estate Administered If Probate Is Not Necessary?

Elmhurst probate lawyer Kevin O'Flaherty explains the benefits of hiring a probate attorney.

elmhurst probate lawyer
probate lawyer elmhurst il

In this article, our Elmurst probate attorneys explain how estates are administered in Illinois if probate is not necessary. Probate is not necessary if the decedent did not own real estate outside of a trust, and owned less than $100,000.00 of other assets outside of a trust.  If this is the case, then rather than being required to open a probate case and receive Letters of Office, the administrator of the estate only needs to download and fill out a one-page form from the probate court's website called a Small Estate Affidavit.  

A Small Estate Affidavit constitutes the written testimony of the administrator that probate is not necessary because there is no real estate outside of a trust and less than $100,000.00 outside of a trust.  If the decedent had a trust in place, the administrator will testify as to the name of the trust and that he or she is the acting trustee.  The administrator will also list the assets of the estate and how they are to be distributed first to creditors and then to heirs.  

Once the administrator of the estate has completed the affidavit, he or she will simply have to sign it before a notary.  The Small Estate Affidavit does not have to be filed with the court.  With a fully executed Small Estate Affidavit, a copy of the decedent's death certificate, and a copy of the decedent's trust or will, the estate administrator will have the power to collect and distribute the decedent's assets immediately and without the need for probate. ​

Read the full article by our Elmhurst probate lawyers explaining how to administer an estate in Illinois.

What Is The Difference Between Supervised Administration And Independent Administration?

In this article, our Elmurst probate lawyers explain the difference between supervised and independent administration of a probate estate. By default, probate cases are administered independently, meaning that the executor need only appear before the court at the initial hearing to open the probate case and at the final hearing to close the case.  All decisions will be made independently of the court, and the inventory and accounting need not be filed with the court, but instead must simply be delivered to heirs and creditors. 

If any heir or creditor requests supervised administration, the request will be granted automatically unless the will expressly provides that the estate is to be administered independently, in which case the requesting party will be required to show good cause for supervised administration. If a request for supervised administration is granted, the executor must seek approval from the court for all major decisions and must file the accounting and inventory with the court and have it approved by the judge.  Supervised administration requires more work for the executor and his or her attorney.  The purpose is to allow the court to monitor the executor's actions when there are potential or actual disputes between interested parties. 

Read an article by our Elmhurst probate attorneys regarding Supervised vs. Independent Administration. ​​

What Are The Stages Of A Probate Case?

In this article, our Elmhurst probate lawyers explain the stages of a probate case.

  • Step 1: Filing the Petition for Probate.  The prospective executor files a petition to open the probate case, asking that the will be admitted to probate (if a will exists) and asking the court to appoint him or her executor and issue Letters of Office giving the executor authority to administer the estate.   Notice of the probate case must be mailed to the decedents heirs and known creditors. 
  • Step 2: Publication. The executor must publish notice of the probate case in a newspaper for the benefit of unknown creditors or heirs whose addresses are unknown.  
  • Step 3: Claims Against The Estate.  After the notice has been published, creditors of the estate will have six months to file claims for payment from estate funds.  
  • Step 4: Inventory. The executor must prepare an inventory listing the assets that he or she has collected and deliver it to each interested party.  In a supervised administration, the inventory must be approved by the court. 
  • Step 5: Accounting & Receipts of Distribution.  The accounting shows how the estate's assets will be distributed to creditors and heirs.  The executor must deliver this to each interested party.  Like the inventory, the accounting must be approved by the court in a supervised administration.  The executor will also mail receipts of distribution to every party who received a distribution of the estate.  The receipt is signed by the party who received the distribution and returned to the executor as proof that the distribution was received.  
  • Step 6: Verified Report and Final Hearing.  Once all distributions have been made from the estate, the executor will file a Verified Final Report with the probate court, certifying that he or she has completed all of his or her duties as executor.  Notice of this final report must be sent in advance to all interested parties, unless the executor has received executed receipts of distribution from all parties entitled to a distribution.  The receipts of distribution will also be filed with the court.  Once these documents are in order, the court will hold a final hearing closing the probate case and discharging the executor of his or her duties.  Read more about the Probate Process from our Elmhurst probate attorneys. ​

Read the full article by our Elmhurst probate lawyers explaining the stages of a probate case in Illinois.

Further Reading from our

Elmhurst Probate Attorneys