Naperville Probate Attorneys

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.

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.

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.