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Probate Administration

Navigating Probate Administration With Confidence

When a loved one passes, the process of closing their estate can sometimes require a probate proceeding. Probate administration is often required to legally settle the estate so the assets are distributed according to the law and the decedent's wishes.

What is Probate Administration?

Probate administration is the court supervised legal process of transferring assets from a deceased person to their rightful heirs or beneficiaries. The court oversees this process and a judge must sign off on everything before an estate can be closed.

Independent Probate Administration

For estates with clear instructions, minimal disputes, and independent probate administration can streamline the process. It involves filing the necessary documents with the probate court, which includes details about beneficiaries, assets, and any outstanding debts. Once filed, all relevant parties, such as banks, creditors, and beneficiaries, are notified. The independent administrator or Executor is then granted the authority to gain access to the assets, pay off debts, make distributions to the heirs or legatees, and dissolve the estate.

Supervised Probate Administration

In cases where the estate is more complex, or there are questions about the validity of the will or the value of the assets, or issues with the heirs or beneficiaries, formal supervised probate becomes necessary. This process involves court oversight to ensure everything is handled correctly. The court will review the will, validate the assets, and make final decisions on how the estate should be administered, dissolved, and closed. This step is crucial when there are disputes or when the estate lacks clear direction.

Why Avoid Probate?

Probate administration can be time consuming and costly, especially when supervised administration is required. Without proper planning, families can face delays and unexpected challenges. For example, if a loved one passes away without a trust, even if they have a will, their assets are frozen and no one has legal authority to gather or make decisions about any assets until the court grants them the authority to manage the estate. If a house is an asset, no one has legal authority to enter the home without court approval and a letter of office. This can lead to stress and financial strain, especially if there are immediate expenses that need to be paid from the proceeds from the sale of the home or other assets, or a buyer ready to purchase a property.

If a house is an asset of a probate estate, no one has legal authority to enter the home without court approval. If the real estate is going to be sold, and even if you have a buyer ready to purchase, no one has legal authority to sell the real estate without an independent executor or administrator being appointed, which can take time. This can lead to stress or financial strain especially if there are immediate expenses that need to be paid from the proceeds of the sale of a home. With a trust, the trustee has immediate authority over all trust assets and if real estate is owned by the trust, the trustee has authority to sell the real estate immediately.

In Illinois, probate rules can be particularly complex. If an asset is solely owned by the deceased, without joint ownership or a beneficiary designation, it may be divided evenly between the surviving spouse and children, often leading to unexpected and challenging situations. A surviving spouse may find themselves only half owner of the marital residence. Proper estate planning can help avoid these complications, ensuring your wishes are honored and your loved ones are spared unnecessary stress.

Your Trusted Partner in Probate Administration

At Kiselstein Franckowiak Law Group, we understand the intricacies of probate administration and are here to guide you through every step. Our experienced attorneys will work diligently with you to assure your loved one’s estate is settled efficiently and in accordance with their wishes. Whether you’re dealing with an independent administration, probate proceeding, or navigating the complexities of a supervised probate administration we are committed to providing you with the support and expertise you need.

Get the Legal Support You Need

The probate process can be complex, but you don’t have to navigate it alone. Let us help you resolve your loved one’s estate. Contact us today to schedule a consultation to ensure your probate case is handled with the care and precision it deserves.

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