Wheaton Probate Lawyers

Probate ensures a person’s assets are distributed according to their will or Illinois law. But probate can be complicated with legal steps that must be followed to avoid delays and disputes. At O’Flaherty Law, our Wheaton probate lawyers will guide you through the probate process.

What is Probate?

Probate is a court-supervised process to validate a will and distribute assets to beneficiaries. If there is no will, the estate is distributed according to Illinois intestacy laws. Probate also allows creditors to make claims against the estate and makes sure all debts and taxes are paid. The process is as follows:

• Filing the will: The executor files the will and petitions the court to open probate.
• Appointing an executor: If the decedent named an executor, the court would approve their appointment. If not, a family member or other party can ask to be the administrator of the estate.
• Inventory assets: The executor gathers and lists the decedent’s assets, property, accounts and valuables.
• Pay debts and taxes: The executor uses estate funds to pay debts, creditor claims and taxes.
• Distribute the estate: Once obligations are met, the remaining assets are distributed to beneficiaries or heirs.

Every estate is different and the time it takes to probate varies based on the assets and legal issues.

Do You Need a Probate Lawyer?

Probate can be overwhelming especially for executors and family members managing legal requirements. Our Wheaton probate lawyers at O’Flaherty Law will handle the process for you and make sure everything is done right and on time. Here’s how we can help:

• Filing legal documents: We’ll prepare and file the necessary papers with the probate court to start the process.
• Manage creditor claims: We’ll make sure all valid debts are paid and protect the estate from invalid claims.
• Guide asset distribution: We’ll oversee the transfer of assets to beneficiaries and make sure the estate is handled according to the law.
• Handle disputes: If there are conflicts such as a contested will or disagreements among heirs, we’ll represent your interests.

Working with a probate lawyer saves time and avoids costly mistakes. It also gives you peace of mind knowing everything is being done right.

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