Do I Need an Attorney for Probate in Illinois? | Benefits of Hiring a Probate Attorney

Do I Need an Attorney for Probate in Illinois? | Top 5 Benefits of Hiring a Probate Attorney

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Updated on:
July 9, 2018

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. 

‍If you are not sure whether probate is necessary, you can check out our article:  When is Probate Required in Illinois? 

Probate is a complicated process that requires executors to prepare forms, meet deadlines, keep records, generate reports, submit filings to the court, and serve notices to creditors, heirs and local newspapers.

1. A Probate Attorney Will Prevent Personal Liability For Your Actions As Executor

Personal liability can arise in a probate situation if the executor makes an error in marshaling assets, generating reports, paying creditors and heirs in the wrong order or the wrong amounts, failing to obtain court authority before taking certain actions, or failing to give notice to the proper individuals in the proper manner.  

​2. The Probate Process Will Be Completed More quickly With An Attorney

The process can be extended by as much as several years if the executor does not prepare each form correctly the first time and give proper notice to all necessary parties, obtain the necessary signatures of heirs and interested creditors, and file the appropriate documents before each deadline passes.

  • Rescheduling court dates
  • Delay in inheritance ​

3. A Probate Attorney Will Save Time For The Executor

Even if you hire an attorney, much of your valuable time will be dedicated to gathering and liquidating the estate’s assets, keeping records, paying bills, and making lists of creditors.  Having to learn the law and local court procedure and generate inventories, accounting, and reports in a form that will be accepted by the court may make an already difficult task insurmountable.  

4. A Probate Attorney Will Minimize The Potential For Disputes

​​Potential for expensive and time consuming probate litigation is significantly diminished if the probate estate in question is handled effectively, quickly, and efficiently by a professional.  

  • If the estate is being handled in an unprofessional manner, creditors and heirs are more likely to be involved.  
  • At a minimum, interested parties may request Supervised Administration
  • At worst, you may find yourself embroiled in an expensive lawsuit.  
  • An attorney’s job is the resolve disputes early in the process in order to make the process as inexpensive as possible for all concerned. ​

5. Hiring A Probate Attorney Will Minimize Stress On The Family

The net effect of speeding up the probate process, reducing the amount of time that the executor must personally dedicate to the case, and heading off any disputes in a professional manner is to minimize the amount of stress that the family of the deceased must deal with at a time when emotions are already high.

  • Families can be torn apart when money enters the equation.  
  • If the executor is seen as acting in his or her own best interest at the expense of the heirs, or as failing to competently handle the estate, this can cause interpersonal problems with loved ones.
  • Hiring an attorney will place a third party between the executor and the heirs and will allow the executor to focus on spending time and energy on his or her family. 

Presented By O'Flaherty Law

O'Flaherty Law is happy to meet with you by phone or at our offices in Downers Grove, Elmhurst, Naperville, St. Charles, Lake in the Hills and Tinley Park, 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.

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Do I Need an Attorney for Probate in Illinois? | Top 5 Benefits of Hiring a Probate Attorney
Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a free consultation for legal advice specific to your situation.

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