In the event of an individual’s passing many processes are set into motion. The process of gathering the necessary legal documentation, such as the death certificate, as well as the process of proceeding with funeral arrangements and memorial plans. Among these processes is the probate process.
The granting of probate is among the first steps in the legal process of resolving the claims and administrating the estate of the recently deceased individual, as well as the distribution of property as directed in the will.
The probate process may take anywhere from a couple of months to a year to complete and is facilitated by a probate lawyer, also sometimes referred to as an estate attorney or estate lawyer. A probate lawyer is tasked with the responsibility of taking the personal representative, appointed by the deceased in their will, through the probate process from start to finish.
The probate process consists of only a few fundamental steps, beginning with the filing of a petition to officially begin the probate process, the routine verification of the will, followed by providing notice to the relatives and beneficiaries of the deceased. Secondly, the personal representative is then required to provide notice to all known creditors of the deceased, in addition to the individuals named for inheritance, and create an inventory of the estate property. Thirdly, all expenses, such as funeral expenses, taxes, and debts are paid for by the estate, ensuring that debts are not inherited by the individual’s family and loved ones. Finally, the legal transfer of property will be carried out in accordance with the will. In the event that a will is not present, the property will be transferred in accordance with the laws of intestacy.
It is important to note that the exact steps and legal requirements for the probate process differ from state to state, however, the fundamental process is to ensure that all of the debts left behind by the deceased are taken care of properly and responsibly, in addition to ensuring that the individual’s will is executed as they directed.
For more information about probate law in Chicago, visit Starr Bejgiert Zink & Rowells. They are a law firm with eighty years of combined experience practicing Probate Law in Chicago.