Calumet City Uncontested Probate Lawyer

Knowledgeable Estate Administration Attorney for Uncontested Probate in Calumet City, Illinois

The grief of losing a loved one can be hard to bear. Whether or not a will was drafted for the deceased, family members may need to resolve legal issues as they determine how assets will be distributed. Even in an uncontested probate case in which no disputes arise during this process, anywhere from six months to a year may be required to fully resolve the outstanding issues.

If you have been appointed by the court as the executor of the estate, you are entrusted with certain responsibilities that include providing notice to creditors, settling debts, paying taxes, and carrying out the terms of the deceased person's will. A skilled estate administration lawyer can help you complete this complicated process. At The Sherrod Law Firm, Ltd., our attorney is experienced in managing the estate-related issues, and we can provide effective legal guidance to ensure that your loved one's wishes will be carried out correctly.

Understanding the Process of Uncontested Probate in Illinois

To open a probate case, several documents must be filed, including the deceased's will (if applicable) and death certificate. If the court deems the will valid, then an executor will be named who will be responsible for carrying out the will. All heirs and relevant parties will then receive formal notice of the probate case. A local newspaper will also publicize the notice of deceased's passing to inform any potential creditors, who will have six months to bring a claim against the estate. If there are no disagreements about how the will of the deceased is to be carried out, the probate case is considered to be uncontested.

While the probate case is ongoing, the executor must take inventory of the deceased's assets and debts, a process that can take several months. Our probate attorney can work with you to make sure the inventory is performed correctly. Once the process is complete, we will help you file the final accounting with the court, which will serve as a summary of how the deceased's estate was distributed, along with details about debts and taxes that were paid.

Avoiding Probate

Not all of a person's assets will have to go through probate. If the deceased made certain arrangements before their death, then assets may be passed directly to beneficiaries without the need to account for them during the probate process. For example, if the deceased held assets in a trust, these assets may be distributed outside of probate.

In other cases, probate may not be mandatory. If a deceased person had no real estate property and his or her assets were valued at less than $100,000, then a Small Estate Affidavit may be filed, allowing assets to be distributed to heirs more quickly and efficiently.

Selling Real Estate Without Going Through Probate

People who inherit real estate property will need to determine their options, and in some cases, family members may wish to sell property without becoming involved in complex probate proceedings. This may be possible if property can be transferred to heirs outside of probate, such as when property has been held in a land trust or another type of trust, when a transfer on death instrument has been created, or when a beneficiary is a joint owner of property. A bond in lieu of probate may also be used, and a title company can assist with this process. Understanding the steps that must be followed in these situations can be difficult, but an attorney who has experience with both real estate and estate law can provide invaluable guidance to ensure that property can be sold correctly.

Probate in the Absence of a Will

If someone dies without a will in place, then his or her assets will go through "intestate succession." The estate will be divided up between their family members at different levels of priority. Children and spouses generally take precedence, but parents, siblings, or other family members may also be eligible to receive inheritances in certain situations.

Intestate succession allows assets to be divided fairly, but it may involve complex issues as the personal representative of the estate determines what assets will need to be addressed and how they should be distributed. The estate planning attorney at The Sherrod Law Firm, Ltd. can help establish wills and make other preparations in advance to provide a family with much-needed peace of mind and avoid potential disputes during the probate process.

Meet With a Calumet City, IL Uncontested Probate Attorney Today

If you are working to recover from the passing of a loved one and have been named the executor of their estate, The Sherrod Law Firm, Ltd. can help ease the burden by walking you through the process of uncontested probate. Our attorney will work with you one-on-one to facilitate the process of identifying assets, informing heirs and creditors, and attending probate hearings. Contact us online or call 312-321-6910 today for a free consultation.