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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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Smiling womanAttorney Kevin O'Flaherty

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

How we help

Our Naperville Probate Attorneys provide excellent service in the following areas of law:

Top 3 Qualities to look for in Your Attorney

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We believe your attorney should not speak in legalese

Finding an attorney who is a “real person” can be difficult. Many attorneys surround themselves almost exclusively with other attorneys and are accustomed to speaking in ivory tower legalese.  You should be able to connect with your attorney on a personal level, and he or she should speak to you in plain language that you can understand.  You will be working very closely with this person on issues that are very important to you. It is important that he or she be down-to-earth and someone that you connect with.

We believe your attorney should be accessible

The most common complaint that clients have of their attorneys is that the attorney is unreachable, does not communicate with them regularly, or does not promptly return your calls.  Your attorney should reach out to you about your case regularly and respond within 24 hours to calls and e-mails.  An open line of communication between you and your attorney is essential to building trust.

We believe your attorney should be realistic with you about costs and outcomes

Your attorney’s goal should not be to win at all costs.  Rather, it should be to achieve a favorable outcome for you as efficiently as possible.  It is important that your attorney set realistic expectations at the outset as to the costs you should expect, the concerns that the attorney has about the outcome of your case, and the length of time that you should expect your case to take.

Regardless of the nature of your case, we have an experienced attorney who will focus on your individual needs. Our team of attorneys works closely together, bringing each of their different fields of experience to bear in order to optimize our client care.

Client Testimonials

Christi M.

Kevin's firm handled setting up my will and trust recently. They took something that seemed intimidating and made it easy to understand. I've also referred a couple clients to Kevin - he's trustworthy, approachable and very fairly priced.

Marvin

"I've used Kevin and his firm's services since 2011. He gave undivided attention to my cases, advised me on different options and..."

Rachel B.

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

About Naperville Probate Attorneys:

  • 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, to handle 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 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.
Expertise Best Child Support Lawyers in Chicago 201710 Best 2016 Client Satisfaction American Institute of Family Law AttorneysAvvo Clients' Choice 2016 DivorceRising Stars Kevin P. O'Flaherty SuperLawyers.com10 Best Law Firms 2018 Client Satisfaction American Institute of Family Legal Counsel Attorneys Estate Planning Law40 under forty

Contact Us

Please contact our friendly lawyers to Schedule a Consultation.

(331) 330-7466
naperville@oflaherty-law.com

What to Expect From a Legal Consultation

The purpose of a 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.

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Location

Office Address

1515 Legacy Cir., Ste. 1A

Naperville, IL 60563

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Hours of Operation

Monday
9:00am - 6:00pm
Tuesday
9:00am - 6:00pm
Wednesday
9:00am - 6:00pm
Thursday
9:00am - 6:00pm
Friday
9:00am - 6:00pm
Saturday
Closed
Sunday
Closed

Meet the Owner

I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team.  Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys.  Many of our clients are going through difficult times in their lives when they reach out to us.  They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates.  We are here to help!

- Attorney Kevin O'Flaherty, Owner

Check Out Articles and Videos from our Naperville Probate Attorneys

When is Probate Necessary in Illinois?

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.

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How To Administer An Estate In Ten Steps

In this article, our Naperville estate lawyers elaborate on why it's best to have a probate attorney by your side in your probate matter.

In cases in which probate is required, the executor of the estate or the next of kin cannot take the actions necessary to administer the estate without the authority granted by the probate court. In this episode, we give you 5 reasons to hire an attorney to avoid liability and syour probate matter. Attorneys will prevent personal liability for your actions as , complete the case more quickly, minimize the potential for .

Read the full article by our Naperville estate attorneys explaining why a probate attorney may help you avoid common probate hassles.

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How to Open a Probate Case in 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.

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