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Compare 237 probate attorneys in Illinois on Justia. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media.
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FREE detailed reports on 1418 Probate Attorneys in Illinois. Find 3254 reviews, disciplinary sanctions, and peer endorsements.
- Will Probate Be Necessary?
- Small Estate Affidavits
- Formal Probate Proceedings
- How Probate Gets Started
- Assets and Debts
- Taxes
- Will Contests and Other Disputes
- Closing The Estate
Whether or not a formal probate proceeding is required depends on what assets the deceased person owned and how he or she held title to them. It does not depend on whether or not there is a valid will. Generally, a formal probate court proceeding is necessary in Illinois only if: 1. there are assets that the deceased person owned solely (not jointl...
When the total value of the deceased person's estate is less than $100,000 and doesn't contain any real estate, no formal probate court proceeding is necessary. Instead, the people who inherit the assets can use a simple affidavit (sworn statement) to claim their inheritance. For example, someone who inherits a bank account could present a (and a c...
In Illinois, probate cases are handled by the Circuit Court in the county in which the deceased person was living. Some larger counties have a special probate division of the circuit court. (755 Ill. Compiled Stat. § 5/5-1(2024).) Probate is the responsibility of the person named in the deceased person's will as the executor of the estate. If there...
The executor files the will with the local court and then, if necessary, opens a probate case by filing several documents. Usually, the executor hires an attorney to draw up and file the papers. Notice of the proceeding must be sent to the deceased person's heirs—the people who inherit in the absence of a will—even if they aren't named in the will....
During the probate, it's the executor's job to gather, inventory, and safeguard estate assets. If necessary, the executor may need to sell some assets. The executor is also in charge of using estate assets to pay valid claims, such as funeral expenses. The executor must: 1. publish notice of the probate case, to inform creditors, and 2. directly no...
The probate estate is a taxpaying entity, separate from the deceased person. The executor needs to get a taxpayer ID number from the IRS for the estate, which is used to report income and gain (and deductions) during the administration of the estate. State and federal income tax returns (IRS Form 1041 and state form IL-1041) must be filed for the e...
Most probate cases are just paperwork and are finished within about a year. If relatives or other inheritors fight about the willor the assets, however, probate can take much longer and be much more expensive. If a court battle does erupt, it will probably be over: 1. a claim that someone unduly influenced the deceased person or that the person did...
Before the estate can be officially closed, the executor must file a final accounting that shows how estate assets were handled. It lists the assets, any income that estate assets generated, amounts paid out for debts and expenses of administration, and any distributions that have been made to beneficiaries. The accounting will also document how th...
Find the best probate attorney serving Chicago. Compare top Illinois lawyers' fees, client reviews, lawyer rating, case results, education, awards, publications, social media and work history. Get help now. Last Updated July, 2024.
Probate is the formal in-court process of collecting a decedent’s (person who died) assets, notifying creditors of the death, settling claims, and distributing the remaining assets to heirs or to those designated in a will.
Free profiles of 522 top rated Chicago, Illinois estate planning & probate attorneys on Super Lawyers. Browse comprehensive profiles including education, bar membership, awards, jurisdictions, and publications.
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We are attorneys in Illinois who will talk to you for free, answer questions and if needed provide a referral to an independent probate law firm that best fits your needs. All calls are free and confidential. Learn about probate laws in Illinois and what happens when a will is filed or someone dies without a will.
