What is a Probate Attorney?
Probate is a legal term that refers to the process that determines where and how a deceased person’s estate is distributed. A probate case may be very simple or rather complicated, but no matter what, our probate lawyers in Rockford, Il, can help guide you through the process so you’re fully informed the entire time.
Typically, probate property is distributed based on what’s written in the last will and testament of the deceased. If there is no last will and testament in place, state law determines how the estate is distributed.
Steps Involved in Probate
There are several basic steps that are involved in the probate process. First, someone must be appointed as administrator of the estate. If there is a will in place, that information can be found there. If there isn’t a will in place, the probate court will appoint an individual.
The second step in the probate process is proving to the court that the will is valid. This involves requirements like signatures, witnesses, and/or notaries. Our probate lawyer in Rockford, Il can help ensure everything is in place.
Taking inventory of the deceased individual’s property is the third step. Keep in mind that the probate process must be completed before individual assets are sold or distributed. A property appraisal is the fourth step, followed by paying any debts or taxes.
Finally, the remaining assets are distributed based on the wishes of the decedent if there is a will in place. If there is not a will in place, the state law will determine how the assets are distributed.
How Long Does the Process Take?
There is not a strict timeline that the probate process follows, and timing depends on individual circumstances. However, on average, the process takes six to nine months, but can take up to a few years if there are any disputes or disagreements about the legality of the will or distribution of the assets. Our team is here to make the process as seamless and prompt as possible.
What Property Isn’t Covered Under Probate?
Life insurance policies that designate a specific beneficiary are not included in probate. Bank accounts that have a “payable upon death” beneficiary as part of a legal contract are also considered a non-probate asset. However, if an individual wishes, they can make nearly all of their assets non-probate by including them in a living trust.
Do I Need A Probate Lawyer?
While it’s not mandatory to have a probate lawyer, it’s highly advised that you get one. Taking on the probate process without professional help can cause unnecessary frustration and stress to the whole family. There are a lot of steps involved in the process, and without a lawyer by your side, you may miss important actions or tasks you need to complete.
Contact Crosby Law Firm
Don’t take on the probate process without professional help. Our experienced lawyers will be there for you every step of the way and are dedicated to making the process as easy as possible for your family. To set up a consultation with our probate lawyers in Rockford, IL, we encourage you to give us a call today.
