When do I have to open a probate case in Illinois?

When do I have to open a probate case in Illinois?

If a loved one has passed on and you are the executor of their estate you need to be sure if you have to open a probate case. Depending on the deceased person’s assets you might not have to open a probate case, which will save the estate time and money.   Obviously every estate is different, and I would recommend talking to a probate attorney (this does not constitute legal advice) if you have any questions about the process. Before taking that step, here are a few guidelines for estates that do not require a probate case be opened: The estate contains no real estate, The estate has no claims or debts, and The estate has less than $100,000.00   Remember, if you do meet these requirements you might not have to open a probate case in Illinois. However, I would talk to a local probate attorney who could evaluate your exact situation and give you advice. I personally have opened and closed many estates in Kane and Cook counties, and I would be delighted to provide you quality legal service for your...

What is the first step of the probate process?

If you find out you are the lucky individual who has been named the executor of an estate, do you know the very first thing you should do once the testator has passed away? Answer: file the testator’s will and death certificate with the clerk of the court in the county where the testator resided when they passed away. Once the will has been filed, if it is determined you need to get the ball rolling in the probate process, you must complete and file a request to the court called a petition for probate. This petition must be filed with the court clerk in the county where the testator resided at the time of his death. Executors may attempt to complete the probate process on their own but you can save yourself a lot of time and stress by hiring an attorney to do it for you. Also, there are definitely legal responsibilities imposed upon an executor of an estate. For example, if you know there is a legal and valid will and you do not file it with the clerk of the court you can be held responsible (which is a class 3...