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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.
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Rockford, IL 61114
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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!
In this article, our Winnebago County probate attorneys explain when a probate matter must be entered to administer the estate of a decedent and how probate matters can be avoided.
Probate matters are a type of legal matter that administer a deceased individual’s (“decedent”) estate. A common misunderstanding about probate is that it is only required when the decedent has a will at the time of their death. Instead, the type(s) of assets the decedent left behind determine whether or not probate is necessary.
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.
Our Winnebago County probate legal team wants you to be informed about your probate case. In this article, we explain how probate matters are court cases that probate courts ensure proper payments are made to heirs and creditors after someone passes away.
If a probate matter is required, an attorney must take the proper steps to administer the estate. If there was a will left in place the probate process is slightly different than a probate matter without one.
To open a probate estate, the executor's attorney must file several documents to the probate court:
Read more about the Illinois probate process from our Winnebago County probate attorneys.
Our Winnebago County probate lawyers want you to help you avoid probate, if possible.
Probate is difficult for three reasons:
A common misconception is that a will allows your estate to avoid probate. Wills can ensure assets are distributed appropriately in a probate case, but an estate must enter probate with or without a will. A better option for individuals who own real estate or have a savings account is to use a revocable living trust either in place of or in conjunction with a will.
Probate can be avoided by utilizing a revocable living trust and transferring your real estate and savings accounts into it during your lifetime. A revocable living trust can own property and provides the creator complete control over the property owned by the trust during his or her lifetime, and specifies how the trust assets will be disbursed after the creator’s death.
Read more about avoiding probate in Illinois from our Winnebago County probate attorneys.
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