Illinois probate attorneys help navigate the administration of a person’s Illinois estate following their death. Probate is the court process of estate administration that takes place after the death of a person. Probate proceedings in Naperville and in DuPage, Will, Kane, and Kendall Counties may be necessary for various circumstances, including to distribute assets and pay liabilities or when an estate is contested. The Illinois probate process can be difficult and emotional, and difficult for the one facing the loss of a loved one. An experienced Naperville probate attorney can help you or a loved one understand and complete the probate process in Illinois.
Illinois Estate Administration
Illinois law provides for the distribution of assets and payment of debts in a formal, structured fashion following death. Individuals can direct the distribution of assets and appoint an executor of their estate by use of a valid will (testacy). If the decedent did not execute a will (intestacy), the court will transfer the assets according to the Illinois laws of intestate succession.
For smaller Illinois estates, the personal representative may pay debts and transfer assets through a document entitled “Small Estate Affidavit” rather than through the probate estate. If Illinois probate administration is required, then the executor named in the will is expected to conduct this legal process filled with rules to follow until the court permits the distribution of those assets.
The Value of a Naperville Estate Administration Attorney
Our experienced Naperville estate administration and probate lawyers will provide guidance and assistance to you as personal representatives (executors, administrators, and sometimes trustees) of a deceased person’s estate. Suppose you have been nominated to act as a personal representative. In that case, we can support you in fulfilling your duties to prepare all necessary documents, provide direction and advice, and ultimately properly and lawfully distribute the decedent’s assets in Illinois.
Understanding Guardianship in Naperville, IL
“Guardianship” grants an individual legal authority to manage the affairs of a dependent minor child or a disabled adult person who is unable to make their own decisions due to physical or mental incapacity. The Illinois court ultimately appoints a guardian, but several steps must be taken before a person can be appointed, including filing and serving the appropriate legal documents and attending multiple court proceedings. The court may approve other forms of guardianship (known as “temporary” or “standby”) on a short-term basis without court proceedings. Our firm will ensure all statutory obligations are met to satisfy the requirements of the Illinois Guardianship Act.
The Importance of an Experienced Illinois Guardianship Lawyer
Our Naperville law firm will guide and instruct you on the duties that the guardianship appointment imposes on you. We will work closely with you to draft a short-term guardianship petition where appropriate or begin legal proceedings to form a permanent guardianship in Illinois. We will educate you on the required legal procedures, such as the formal legal process from filing and notice requirements to the essential and necessary evidence to the duties of a Guardian once appointed.
The Law Office of Edward P. Graham, Ltd. is here to help you and your loved ones understand Estate Planning, Business Law, Illinois Litigation, Probate, Family Law, and Real Estate Law. We welcome you to contact our Naperville law firm to learn more about how we can help meet your probate and estate administration matters from Naperville to Chicago including all of DuPage County and Will County.