Probate Attorneys in DuPage County, Illinois

When someone passes away, their estate often goes through a process known as probate. During this process, the deceased's debts are settled, and their assets are distributed according to their will or state law if there's no will. 

Understanding how to proceed with a deceased's estate can often be a complex and challenging experience, especially during a time of grief. This is where a probate attorney steps in. 

At Donna Craft Cain PC, we have years of experience in Illinois estate planning law. We can help you work through the legal requirements and make sure your loved one's estate is settled and distributed according to their wishes.

Located in DuPage County, Illinois, our attorneys proudly serves clients across the communities of Naperville, Wheaton, and Downers Grove. 

What Is Probate? 

Probate is a court-supervised process that involves authenticating the deceased person's will, appraising their estate, paying off debts and taxes, and distributing the remaining assets to the rightful beneficiaries.  

This process is initiated in the probate court of the county where the deceased person lived at the time of their death. If the deceased did not leave a will, the estate is distributed according to Illinois State's intestacy laws, which dictate how assets are divided among surviving relatives.  

Is Probate Necessary Under Illinois Law? 

In Illinois, probate is not always required. However, Illinois law often requires a deceased's will to be filed with the court in their county of residence immediately following their death.  

Filing for probate usually depends on the specific circumstances of the deceased's estate. If the estate is valued at less than $100,000 and does not contain any tangible property or real estate that is titled solely in their name, then the estate is not required to go through probate under Illinois law. If the estate exceeds these conditions, then formal probate proceedings will be required. 

Larger estates may also go through probate for the following reasons: 

• To resolve claims against the estate: Probate provides a forum for resolving claims from creditors and addressing any debts that the deceased owed. 

• To distribute assets that are not otherwise allocated: Probate can ensure the lawful distribution of assets that do not have a beneficiary designation, are not placed in a trust, or are not owned in joint tenancy. 

• To handle complex estates: Larger or more complex estates, especially those with significant assets or complicated legal issues, typically go through probate to ensure proper management and asset distribution. 

In Illinois, the specific circumstances of the deceased’s estate are crucial for determining whether probate is necessary. At Donna Craft Cain PC, we provide experienced guidance throughout the probate process to make sure the distribution of the estate complies with state laws and the wishes of the deceased.

Does All Property Go Through Probate When a Person Dies? 

Not all property must go through the probate process when a person dies. If an estate has to go through probate in Illinois, several types of property are exempt, allowing for a smoother transition of assets to beneficiaries. These exemptions include: 

• Jointly-owned property: Real estate or bank accounts owned in joint tenancy, or with rights of survivorship, automatically pass to the surviving owner without the need for probate. 

• Payable-on-death and transfer-on-death accounts: Financial accounts that have a designated beneficiary (e.g., life insurance policies and retirement accounts) do not have to go through probate. Upon the account holder's death, the beneficiary can claim the asset directly from the institution. 

• Community property with right of survivorship: Similar to joint tenancy, spouses can co-own property, allowing the property to automatically transfer to the surviving spouse without probate. 

• Living trusts: Property held in a living trust is controlled by the terms of the trust and can be transferred to beneficiaries without going through probate. 

At Donna Craft Cain PC, our experienced attorneys can help you structure your estate in a way that aligns with these exemptions, providing peace of mind and financial security for your loved ones. 

Illinois Intestacy Laws 

Intestacy occurs when a person dies without leaving a will that details how their assets should be distributed. In such cases, Illinois state laws dictate the distribution of their estate. These laws, known as intestacy laws, aim to distribute the deceased's assets in a manner that presumably reflects their wishes, typically by allocating assets to the closest surviving relatives. 

In Illinois, intestacy laws prioritize the deceased's immediate family: 

• If the deceased was married, their estate is generally distributed to their surviving spouse.  

• If they had children, the estate is divided among the spouse and children, according to specific formulas defined by state law. 

• For those without a surviving spouse or children, assets may then be distributed to increasingly distant relatives, including parents, siblings, nieces, and nephews. 

Regarding intestacy and probate, an estate will go through probate if the deceased dies intestate. In such cases, probate can help settle the estate and distribute assets depending on its size and how likely the estate will be contested by the deceased's beneficiaries. 

How Can a Probate Attorney Help? 

While probate is not always required in Illinois (depending on the size of the estate), hiring a probate attorney can help you determine whether an estate should or should not undergo the probate process. An experienced probate attorney can help by: 

• Providing legal advice about the probate court system 

• Assisting with inventorying and appraising estate assets 

• Managing creditors' claims and making sure debts are settled properly 

• Resolving any disputes among beneficiaries or between beneficiaries and creditors 

• Making sure estate taxes and other expenses are paid on time 

• Facilitating the legal transfer of assets to beneficiaries 

At Donna Craft Cain PC, we understand Illinois probate law and are committed to providing our clients with the support and guidance they need to streamline the probate process. We strive to minimize stress for executors and beneficiaries alike, ensuring that their legal obligations are met and the decedent’s wishes are honored.