What is Probate?
Probate is a legal term that refers to the process that determines how a deceased person’s estate is distributed. A probate case can be simple or quite complex, depending on various factors regarding the estate in question. No matter what, working with a qualified probate attorney in Rockford, IL is key to ensuring the process is handled smoothly.
Why Work With A Probate Lawyer in Rockford, IL?
Typically, probate property is distributed based on what’s written in the last will and testament of the deceased. State law determines the distribution of the estate if there is no last will and testament in place.
Many people ask, “Do I need a probate lawyer?” While it’s not mandatory, we advise working with an attorney. Navigating probate without professional help can cause unnecessary frustration and stress for your family. There are a lot of steps involved in the legal process, and without a lawyer by your side, you may fail to take important actions or complete crucial tasks.
At the Crosby Law Firm, our estate planning lawyers in Rockford, IL can guide you through the probate process. We take time to understand your unique situation and ensure you fully comprehend each step involved in distributing assets.
What Can the Crosby Law Firm Do for You?
At the Crosby Law Firm, our probate lawyers tackle the intricate and complex legal steps of the probate process. These include:
- Document Management – Our team meticulously prepares and manages all requisite documentation for personal representatives and executors. This ensures the accurate completion and submission of forms to the appropriate probate court.
- Representation in Court Proceedings – Our legal representatives are prepared to stand by clients at all probate-related hearings. We adeptly address and resolve any conflicts that arise.
- Financial Management of the Estate – We oversee all estate financial matters, including settling bills through the estate’s funds, managing estate taxes, and other related responsibilities.
- Consistent Communication – We prioritize keeping our clients fully informed, offering frequent updates to provide clarity on ongoing processes.
- Comprehensive Financial Accounting – Our team meticulously catalogs, evaluates, and documents every asset attributable to the deceased’s estate.
The Crosby Law Firm is focused on effectively navigating and managing the probate process for you. We ensure clients receive unparalleled legal counsel when it’s most crucial. Our experienced, compassionate attorneys are committed to understanding your unique needs and offering effective solutions.
Steps Involved in Probate
There are several basic steps to the probate process. First, someone must be appointed as administrator of the estate. If there is a will in place, that information should be included. If there isn’t a will in place, the probate court will appoint an administrator.
The second step in the probate process is proving to the court that the will is valid. Signatures, witnesses, and/or notaries are required. Our probate lawyers in Rockford, IL can help ensure everything is in place before the process begins.
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 no will in place, state law will determine distribution of assets.
How Long Does the Process Take?
There is no strict timeline that the probate process follows. Timing depends on individual circumstances, but on average, the process takes about 6-9 months . It can take up to a few years if there are any disputes or disagreements about the legality of the will or distribution of assets.
What Assets are Not Covered Under Probate?
- Life insurance policies that designate a specific beneficiary.
- Bank accounts and other assets that have a “payable upon death” beneficiary as part of a legal contract.
If an individual wants, they can ensure all of their assets are unaffected by probate by including them in a trust. This approach can expedite the process for your family members to receive their inheritance while maintaining the confidentiality of personal affairs.
Furthermore, establishing a trust can allow you to manage your assets and influence their distribution beyond your lifetime.
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. We are dedicated to making the process as easy as possible for your family.
To speak with our probate lawyers in Rockford, IL, contact us today to schedule a free initial consultation.
