Estate Administration in Illinois

When a loved one passes away, leaving behind an estate, the surviving family members are often faced with the daunting task of handling probate and estate administration. This can be a complex and time-consuming process, especially if the deceased did not have a will or trust in place.

In addition to the emotional toll of grieving the loss of a loved one, family members may also experience conflict and disagreement during the estate administration process. This can be due to a number of factors, such as unclear instructions in the will, disputes over family heirlooms, or disagreements about how to distribute assets.

If you’re tasked with estate administration in Illinois, seek legal counsel from an experienced LaGrange and Northbrook estate planning attorney. At Wilson & Wilson Estate Planning and Elder Law, we can help you to:

• Understand your rights and obligations as the executor or administrator of the estate
• Navigate the complex probate process
• Resolve any disputes that may arise among family members
• Ensure that the deceased’s wishes are respected and that their assets are distributed according to the law

The experienced estate planning attorneys at Wilson & Wilson Estate Planning and Elder Law, with offices in Northbrook and LaGrange, understand the challenges you’re facing and can provide you with the legal guidance and support you need to efficiently and effectively settle your loved one’s estate.

Estate administration is the process of settling a deceased person’s estate. This includes gathering the assets, paying the debts, and distributing the remaining assets to the beneficiaries.

If the deceased person had a will, the person who has the will must file it with the court in the county where the deceased person lived. Destroying a will or failing to disclose it for more than 30 days is a felony.

Not all estates need to go through probate. Probate is typically not needed if the estate doesn’t include any real property and the total value of the personal property is less than $100,000. However, if the deceased person owned real property or the value of the personal property is more than $100,000, probate is required.

Probate can be a complex and time-consuming process, but it’s important to ensure that the deceased person’s estate is settled properly. An experienced Illinois estate planning lawyer can help you navigate the probate process and ensure that the deceased person’s wishes are respected.

After a will is filed and a probate case is opened, the court will admit the will to probate and appoint a personal representative, who is the person in charge of administering the estate.

The personal representative may be an executor, someone named in the will to handle the estate, or an administrator, who is appointed by the court if there is no will or if the executor is unable or unwilling to serve.

Executors and administrators are entitled to receive reasonable fees for their services.

Illinois probate cases typically proceed under "independent administration," which means the personal representative can take action without obtaining court approval. However, in some cases, the court may order "supervised administration," which means the personal representative must obtain court approval for most actions.

During the probate process, the personal representative must identify and gather all of the assets of the estate and pay any valid debts. This may require selling some of the estate’s assets. The personal representative must also notify all known creditors of the probate case and publish a notice in a local newspaper to notify unknown creditors. Creditors have six months to file claims.

The personal representative must also obtain a tax ID for the estate and file state and federal tax returns on its behalf.

If the deceased person had a valid will, the estate will be distributed in accordance with the terms of the will, unless the will is contested. If the deceased person died without a will, the estate will be distributed according to Illinois intestacy laws.

Losing a loved one is difficult enough without having to worry about the complex and often daunting task of estate administration.

At Wilson & Wilson Estate Planning and Elder Law, our La Grange and Northbrook estate planning law team understands the challenges you’re facing and can help you navigate the estate administration process efficiently and effectively.

Our experienced attorneys will help you:

• Gather and protect the assets of the estate
• Pay the decedent’s debts
• Distribute the remaining assets to the beneficiaries according to the will or Illinois intestacy laws
• Handle all the necessary legal and tax matters

We’ll also keep you informed of your progress and provide support every step of the way.

If you’re entering the probate process in Illinois or have questions about the administration of an estate, contact Wilson & Wilson Estate Planning and Elder Law, LLC, today for a consultation.

You can send a message online or call our LaGrange office at (708) 482-7090, or our Northbrook office at (847) 656-8958.