The Probate Process Lawyer, Chicago, Illinois

Assisting Clients Through the Probate Process

The probate process is reserved for those who die with property solely in his or her name. The word "probate" comes from the Latin "probatus" which means "to prove". When you die leaving a will, and there is property in your name alone, the nominated executor must submit the will "to probate". The executor must "prove" to the court that the will bears the genuine signature of the decedent and that it was the last will signed by the decedent.

Once the will’s validity is proven, it is admitted to probate. The nominated executor is then approved by the court and letters of office are issued. These letters of office, issued by the Clerk of the Court, entitle the appointed executor to collect your assets, pay your bills and then distribute the net property to those whom you have identified as "takers" i.e., the folks who will receive your wealth.

At McCarthy Duffy LLP, we can assist you and your family through the probate process. We can help ensure that your loved one’s wishes are carried out quickly and properly. For more information, contact us for a free initial consultation.

The Length of the Distribution Process

The estate administration process takes a minimum of six months from the date the will is admitted and the executor is appointed. The reason for this is that our state statutes require that your debts be paid and your creditors have six months within which to file their claims.

Distribution to the "takers", also known as "legatees", can take place anytime after the expiration of the six-month period. It is best to distribute most of the estate soon after the expiration of the six-month period because the money or property to be distributed belongs to the taker and not to the estate. However, depending on circumstances, there may be good reasons why distribution does not occur so early.

Contact the Firm

The lawyers at McCarthy Duffy LLP understand the probate process. We know the pitfalls and will contests that can arise during estate administration. If you are looking for more information regarding the probate process, please contact us.

Most probate estates can be closed in approximately nine months from the date you meet with the attorney. Other estates may take more time. The cost of probating a will varies, depending on how much work the attorney does and how much work the executor does. The minimum fee will generally be about $2,000. The fees of both the executor and the attorney are paid out of the assets of the estate.