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Wheaton estate planning lawyerProbate refers to the legal process by which a court administers the estate of a person who has passed away. This process can be long, costly, emotional, and confusing, especially for those who are not familiar with the legal system. For this reason, it is important to establish an estate plan while you are still alive, to spare your family members the hassle of dealing with the probate court in the aftermath of your death.

Perhaps one of the most difficult scenarios is when a person dies without having a will (legally referred to as dying intestate). When this happens, the assets of the person who died are essentially tied up until the probate court goes through every detail of that person’s estate. When someone dies intestate, there is a complicated procedure that must be followed, including providing notice to heirs and creditors and publishing notice to the general public. Ultimately, the court will distribute assets according to the line of succession set forth under the Illinois Intestacy statute.

This situation is difficult for the family members of the deceased because someone is responsible for stepping up as the administrator of the estate, which is a great deal of work and responsibility. That person is then in charge of paying any outstanding debts or taxes and distributing the deceased person’s assets while being supervised by the court. Gathering assets and paying off debts is often expensive and time-consuming, which delays distributions of property to your loved ones and can deplete assets meant to go to beneficiaries on legal fees.  However, this situation is easily avoidable through proper estate planning tools.

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