5 Things to Expect During Illinois Probate

 Posted on June 15, 2022 in Estate Planning

Probate is not a quick and easy legal proceeding. It can take time, money, and a lot of patience to get through. It can also take significant legal skills if there are difficulties at any point in the process. When you are grieving the loss of a loved one, probate may be the absolute last thing you want to deal with. The added stress of trying to handle a complex legal procedure alone can be overwhelming. There are parts of probate that may be frustrating or confusing. There are a lot of parties who need to be notified, and there is a strong possibility that at least one dispute or claim will need to be settled. In some cases, probate can take upwards of a year. You should be ready for some type of challenge to arise. Working with a probate lawyer can help alleviate the burden of probating your loved one's estate.

The Realities of Going Through Probate in Illinois

Especially if this is your first experience with a probate court, you might be feeling very overwhelmed. The process is not as simple as submitting a will and distributing estate property. If your loved one did not leave a will and you are facing intestate probate, the process may be even more complex. A few things you should expect during probate include:

• Waiting - Patience is key during probate. There is a lot of waiting around involved. You will need to wait while potentially interested parties are notified and given a chance to file contests. You will need to wait for court dates. There may be long periods where it seems like nothing is happening.
• Big responsibilities - If you are the estate administrator, then you are taking on an enormous commitment. The duties of a personal representative are numerous. You are expected to handle everything from finding and notifying the decedent’s creditors to taking an inventory and valuation of all estate property. This is no easy task.
• Dealing with creditors - Part of settling an estate during probate is addressing creditor claims. Any parties the decedent owed money to will have a chance to make a claim. It can be immensely frustrating to deal with creditors taking money out of your loved one’s estate, but this is part of the process.
• Notifying everyone - One of the most potentially challenging parts of probate is figuring out who you need to notify. Anyone with a potential interest in the estate should be notified, including the decedent's family members.
• Feuding - Even if no one files a formal contest, family feuds are common during probate proceedings.

Probate is a lot to take on by yourself. It is much better to be represented by an attorney who can address problems that may arise.

Call an Illinois Probate Lawyer

Lucas Law can take on the task of getting through probate on your behalf. Our experienced Barrington probate attorneys can help you overcome any difficulties you may encounter during the probate process. Contact us at 847-381-8700 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2104&ChapterID=60