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DuPage County probate attorneyWhen an Illinois resident dies, his or her estate will often need to go through the process of probate. In Illinois, probate is required to validate and administer the decedent’s will, or to determine that the decedent did not have a valid will in place. Depending on the circumstances, probate can be a long and daunting process, and it may be a source of stress when there are arguments about the estate, but understanding the process can go a long way in helping you through it.

The Role of the Executor or Estate Administrator

During the probate process, an estate executor or administrator manages the assets and debts of the deceased. If there is a valid will, it will usually name the person who will serve as executor. In the absence of a will, the court will appoint an administrator, which will often be the closest surviving family member. Named executors can decline their duties if they are unwilling or unable to fulfill them.

Handling Creditors During Probate

During probate, the decedent’s heirs are not the only people who may be entitled to assets from the estate. Creditors may also come forward to pursue unpaid debts. By law, they must do so within the fixed time period allotted to them. In addition, the IRS must be paid any and all income taxes due. This cannot be avoided by selling assets—in fact, selling assets may be necessary to generate the necessary funds to pay the outstanding debts and taxes. Only then can the remaining assets be distributed to heirs. A final income tax return must also be filed for any assets that earn income during the probate period.

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Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
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