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Oflaherty Law, Illinois Attorneys

Naperville Probate Attorneys | Estate Lawyers, Naperville IL

Naperville Probate Attorneys | Estate Lawyers, Naperville IL

​If you are the executor or administrator of your loved one's estate, our experienced Naperville probate attorneys are here to help. Dealing with loss is stressful to you and your family. We are here to ensure that this stress is not compounded by your duties in administering your loved one's estate. Our experienced Naperville estate attorneys will guide you through the process of estate administration, and be your partner in putting this period of your life behind you as quickly and painlessly as possible. Let us do the hard work of efficiently and affordably managing the probate case, while you focus on your family.

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​If you are the executor or administrator of your loved one's estate, our experienced Naperville probate attorneys are here to help. Dealing with loss is stressful to you and your family. We are here to ensure that this stress is not compounded by your duties in administering your loved one's estate. Our experienced Naperville estate attorneys will guide you through the process of estate administration, and be your partner in putting this period of your life behind you as quickly and painlessly as possible. Let us do the hard work of efficiently and affordably managing the probate case, while you focus on your family.

Our Experienced Naperville Probate Attorneys and Naperville Estate Lawyers Handle Cases Including But Not Limited To:

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Why O'Flaherty Law for My

Probate & Estate Administration

Matter?

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

  • We Are Cost Effective!  Choosing the wrong probate attorney can be unnecessarily expensive.  We are proud of our reasonable rates.  Our Naperville probate attorneys are cost-effective and efficient, with the goal of handling your loved-one's estate as expeditiously as possible. 
  • We Go Above-And-Beyond For You And Your Family! Our firm has built a reputation for being great at what we do and for providing exceptional service and communication to our clients. Many of our clients have taken the time to leave us glowing testimonials.  In 2016 we received the Avvo Client's Choice Award due to the overwhelmingly positive reaction from our clients.  In 2015 Kevin O'Flaherty was honored with Suburban Life Magazine's Best Under 40 Award.  Our Naperville probate attorneys are skilled, experienced, and singularly focused on amazing client service. 
  • We Are Comprehensive!  It is common for probate cases to require experience in many areas of law, such as real estate, family law, business law, or litigation.  Our team of knowledgeable Naperville attorneys collectively have experience in nearly every area of law.  We work as a team to make sure that you get the benefit possible from our team.

Some of Our Accomplishments

Best Child Support Lawyers in Chicago
DuPage County Probate Attorney
Kevin P. O'Flaherty
Rated by Super Lawyers


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DuPage County Probate Attorney

Schedule a Free Consultation With Our

Naperville Probate Attorneys

naperville estate attorney

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

Naperville Probate Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Naperville

1515 Legacy Circle, Ste. 1
Naperville
,
IL
60563
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 - 9 pm Mon - Fri
Saturday 9 am- 9 pm & Sunday 12 pm - 8pm
by appointment

O'Flaherty Law, Illinois attorneys, Iowa attorneys

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:

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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.

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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 Naperville Probate Attorneys and Naperville Estate Lawyers

estate administration attorney naperville illinois

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

Required Parties In Will and Trust Disputes

Downers Grove Spousal Maintenance Attorneys

In this article, we identify the required parties in Will and Trust disputes that are required in order to proceed to a final decision. We also answer the following questions: What is a “Necessary” or “Indispensable” Party?, Who are the Necessary Parties In Will Disputes Versus Trust Disputes?, and What if a Necessary Party is Underaged?

Read More

When is Probate Necessary in Illinois

naperville probate lawyer

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

naperville probate lawyer

In this article, our Naperville probate attorneys explain when probate is necessary in Illinois. Probate is a court case in which the court oversees the distribution of a decedent's assets to his or her heirs and creditors.  In order to administer an estate in Illinois, probate will be necessary if:

‍(1) The decedent owned any real estate outside of a trust that is not deeded with a right to survivorship for the decedent's spouse (even if there is a mortgage) outside of a trust; OR 

(2) The decedent owned more than $100,000.00 in assets outside of either a trust or outside of accounts that are payable to a direct beneficiary upon death.

If probate is necessary, the person responsible for administering the estate, known as the executor, must have letters of office issued by the probate court before he or she can begin collecting the decedent's assets for distribution to creditors and heirs.  The executor will also have to file accountings, notices, and reports with the court regarding the collection and distribution of these assets.

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

How To Administer An Estate In Ten Steps

In this article, our Naperville estate lawyers explain how to administer an estate. If you are the Executor or Trustee of an estate you should have our Naperville probate attorneys handle the legal aspects of estate administration.  However, even when working with a probate attorney, there are still several actions you will need to take on your own.  For a more detailed description of each of these actions, please read our Learn About Law article on the probate process here:

1.  Open an estate checking account.  

2.  Keep good records of all transactions with respect to the estate.  

3.  Deposit any cash you receive into a checking account.  

4.  Gather a complete list of the assets owned by the decedent.

5.  Manage the estate: Disconnect utilities, file a change of address with the post office, obtain insurance to protect assets of the estate, cancel unneeded insurance policies.  

6.  Financial Management: Close credit card accounts, notify financial institutions of the change of decedent's mailing address to your own address, determine whether Social Security will provide a burial benefit. 

7.  Pay debts and expenses from the estate checking account.  If the estate is going through probate, you must wait until the expiration of the 6 month creditor claims period before paying debts.  

8.  After paying creditors, distribute the balance of the estate to the heirs as directed by the decedent's will or trust.  Pay life insurance death benefits directly to the beneficiaries.

​9.  File Income Tax Returns 

10.  File Estate Tax Returns

Read the full article by our Naperville estate attorneys explaining how to administer an estate in Illinois.

Naperville probate attorney Kevin O'Flaherty explains the top 5 reasons to hire an attorney to asisst with your probate case.

probate attorney naperville il

In this article, our Naperville estate lawyers explain how to administer an estate. If you are the Executor or Trustee of an estate you should have our Naperville probate attorneys handle the legal aspects of estate administration.  However, even when working with a probate attorney, there are still several actions you will need to take on your own.  For a more detailed description of each of these actions, please read our Learn About Law article on the probate process here:

1.  Open an estate checking account.  

2.  Keep good records of all transactions with respect to the estate.  

3.  Deposit any cash you receive into a checking account.  

4.  Gather a complete list of the assets owned by the decedent.

5.  Manage the estate: Disconnect utilities, file a change of address with the post office, obtain insurance to protect assets of the estate, cancel unneeded insurance policies.  

6.  Financial Management: Close credit card accounts, notify financial institutions of the change of decedent's mailing address to your own address, determine whether Social Security will provide a burial benefit. 

7.  Pay debts and expenses from the estate checking account.  If the estate is going through probate, you must wait until the expiration of the 6 month creditor claims period before paying debts.  

8.  After paying creditors, distribute the balance of the estate to the heirs as directed by the decedent's will or trust.  Pay life insurance death benefits directly to the beneficiaries.

​9.  File Income Tax Returns 

10.  File Estate Tax Returns

Read the full article by our Naperville estate attorneys explaining how to administer an estate in Illinois.

How to Open a Probate Case in Illinois

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

naperville probate lawyer
probate lawyer naperville illinois

In order to open a probate estate, our Naperville probate attorneys will file several documents with the probate court:

  • Petition for Issuance of Letters of Office and Admission of Will:   This petition requests that a probate case be opened.  If there is a will, the petition requests that the will be admitted to probate.  It also requests that an order be issued by the court naming the petitioner as executor of the estate.  This order is called "Letters of Office," and it gives the executor the power to collect the assets of the estate and distribute them to creditors and heirs or legatees.  
  • Affidavit of Heirship - The Affidavit of Heirship lists the individuals who stand to inherit from the estate.  If there is a will, these individuals are called "legatees."  In the absence of a will, they are called "heirs." 
  • Affidavit as to Copy of Will - This is a sworn statement by the executor that, to the best of the executor's knowledge, the will be submitted to the probate court is accurate and the most recently executed will. 
  • Oath of Office - This is an written oath sworn by the executor to fulfill his or her fiduciary duties associated with the administration with the estate. 
  • Surety Bond or Non-Surety Bond - In order to initiate a probate case, a bond must be obtained by the executor from an insurance company to insure against the executor's mishandling of assets. 
  • Notice to Heirs and Legatees - A notice that the executor must mail to all individuals who stand to inherit from the estate informing them that the probate case has been opened. 
  • Publication Notice - Unknown creditors of the deceased must be informed that the probate case has been opened through publication in a newspaper for three consecutive weeks. 

Upon filing of these documents, a hearing will be held to appoint the executor and admit the will to probate.   

Read more about how to open a probate case from our Naperville probate lawyers.

Further Reading from our

Naperville Probate Attorneys

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