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Do You Need to Proceed To The Complete Probate Process?

Do You Need to Proceed To The Complete Probate Process?
Illinois Law dictates that when a person dies, the now-decedent's personal estate goes through the probate process. However, probate isn't necessary if the decedent's real estate is valued at a total of less than $100,000 (or has no real estate assets at all) at the time of death.
This is called the Small Estate Affidavit, and their heirs can use this to obtain and distribute the decadent's estate assets.
"But George, how do you know what assets do and don't need to go through the Illinois probate process?" Good question. Only what's classified as a probate property is included. Real estate, intellectual property, cars, and personal property are considered probate property.
However, any assets held in trusts, shared mortgages (joint tenancy), and life insurance (retirement accounts with a named beneficiary or payable-on-death bank accounts) are excluded from admission to probate.
Preparing to Open the Estate
After your loved one passes away, you can reach out to a probate attorney to help you prepare the estate.
We understand that you may also be overwhelmed in these times, but this is needed in order to manage the estate effectively and fulfill your responsibilities.

If the decedent named you as the executor, you may also compile important documents recording their assets to heirs, debts, and passwords for financial accounts if needed.
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Appointing A Personal Representative

Appointing A Personal Representative
If there's no named executor in the will, you will have to confide with your closest family members to choose the personal estate representative. If you decide on one, the representative must file a Petition for Letters of Administration to serve as the administrator.
When no one else steps up to fulfill the role, the court will appoint a public administrator for the case.
Resolve Estate Problems
Once again, if you're the named executor, you will have to ensure you act promptly and responsibly—prioritizing time-sensitive issues—as soon as possible.
That means caring for anyone who depended on the decedent, thinking of person(s) with a disability, dependent children, or minor children.

You will also handle any issues within the real estate property, and inform relevant legal and financial entities of their death.
Opening the Probate Estate
Probate starts by bringing the will to court (if you are the executor) within 30 days of filing the decedent's death, or learning that you were the named executor, whichever is later.
To open the estate, file the original will and request letters of office from the court. This document gives you legal authority to manage the estate. Letters of office come in three forms:
- Letters of administration - Issued if the decedent had no will (intestate estate) as discussed above.
- Letters of administration with a will annexed - Issued if there’s a will but no valid executor (testate).
- Letters testamentary - Issued if there’s a will and a willing, able executor.
You also need to submit an affidavit of heirship, which lists the decedent’s heirs under Illinois law. If more than one person requests to be the representative, the court decides based on legal preference and who is best suited for the role.
After this, the court will require the chosen representative to sign an oath and pay a surety bond. This allows the representative to faithfully administer the estate.
Providing Notice to Creditors, Heirs, and Beneficiaries

Providing Notice to Creditors, Heirs, and Beneficiaries
After this, the public/personal representative must then send out a notification of death to any entities with valid claims in the estate, as well as the administration process. This includes named beneficiaries, potential heirs, and creditors the decedent owed money.
Within two weeks after issuing the Letters of Office, a Notice to Heirs and Legatees will be sent out to all of the decedent's heirs, along with the proper documents to inform them of their rights as heirs.
A Notice to Unknown Creditors must also be published in a local newspaper within those two weeks. This gives creditors plenty of time (6 months) to file a claim against the estate, as well as time for the representative to decide whether to allow or reject these claims.
Common reasons individuals can contest a will may be the following:
- proper will execution,
- undue influence, or
- lack of testamentary capacity on the part of the decedent.
Closing the Estate
During these months, the executor must pay creditors with legitimate claims out of the estate funds. They are also responsible for paying the probate estate taxes at this time.
Once all creditors are satisfied, the executor will distribute the remaining estate property according to the heirs named by the court or the laws of intestate succession.
After the 6-month creditor claim period is up, it's time to close the estate. Executors must then send a final report to the court and, once approved, close the estate.
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Sell Today Homebuyers is here to offer a hassle-free way out. We know firsthand how tedious the Illinois probate process can be, and we’re here to simplify the selling process for you.
If you’re interested in choosing us as your cash home buyer, contact us through our website form or through a phone call at (630) 984-0000.
