When a person dies in Lake Zurich, Illinois, so much needs to be done. The family is in the midst of grieving. Funeral arrangements need to be attended to. Documents and documentation are also part of the process. There is also, in many cases, the matter of the will. This means contacting a probate lawyer.
What is Probate?
Probate is the procedure the law uses to determine whether the will of a dead or deceased individual is valid. It is also the process the court uses to ensure the proper distribution of the estate.
What is the Process of Probate?
Probate is necessary in Illinois if the estate is over $100,000. The process begins with the death of the individual. At this point, a petition is filed with the appropriate Clerk of Court – in this case, for Lake Zurich, at Lake County Circuit Court. The filing process must follow certain protocol. The will:
- Must Be filed Prior to thirty days following date of death
- Must be the original
- May be filed together with the petition for probate
You or your probate attorney will not receive a court date until the petition is filed. Probate will take a minimum of 6 months. This is to provide the creditors sufficient time to file a claim against the estate.
What Does a Probate Lawyer Do?
A probate lawyer is also referred to as an estate lawyer or an estate attorney. He or she has the responsibility of guiding the person named as the Executor. If none exists, the court will appoint a Personal Representative or Administrator through the complete probate process. The lawyer is also there to help the family with these and other issues relating to the death of the loved one and his or her estate.
It is up to the Executor, together with the help of the probate lawyer to:
- Prove the validity of the will
- Start the probate process
- Look at, compile and identify all the assets of the deceased
- Make sure the assets are appropriately appraised
- Pay off all the taxes and debts
When the will has gone through probate, the Executor, with the help of the probate lawyer, will distribute the remaining property as the deceased’s will or state law dictates.
Contact a Probate Lawyer
How the process proceeds depends upon various factors, including the will and specific contents. The pressure of the entire matter coupled with the recent death of a loved one, combines to create a difficult and trying situation. One way to help reduce the stress and related problems involved in a probate is to contact an experienced Lake Zurich, IL probate lawyer.
If you are in need of a Lake Zurich Probate Lawyer, do not hesitate to contact the attorneys on staff at Orlowsky & Wilson. These professionals are experienced in the areas of have a wealth of experience in the areas of Business Law, Contract Law, Estate Planning, Probate, Wills and Estate Administration. To learn more about their services, contact them online at orlowskywilson.com.
