Probate

What happens during Probate?

The probate process begins when the executor of the estate submits the appropriate paperwork to enter the will into probate and officially assign the executor. The court will determine whether or not the will is valid; this is usually routine, but sometimes a will may be contested. All the decedent’s assets are identified and appraised before the proceedings continue. Eventually, the assets are distributed according to the will.

How long is the Probate Process?

The probate process begins when the executor of the estate submits the appropriate paperwork to enter the will into probate and officially assign the executor. The court will determine whether or not the will is valid; this is usually routine, but sometimes a will may be contested. All the decedent’s assets are identified and appraised before the proceedings continue. Eventually, the assets are distributed according to the will.

Frequently Asked Questions About Probate

How Are Debts, Expenses, and Taxes Paid?

Expenses, such as funeral costs, estate taxes, and valid debts are paid for out of the estate. The estate itself is considered a tax paying entity, which means it’s assigned a taxpayer ID separate from the decedent to file reports about income and deductions. Estates over $4 million will have to file a Illinois estate tax return.

How Are Debts, Expenses, and Taxes Paid?

Expenses, such as funeral costs, estate taxes, and valid debts are paid for out of the estate. The estate itself is considered a tax paying entity, which means it’s assigned a taxpayer ID separate from the decedent to file reports about income and deductions. Estates over $4 million will have to file a Illinois estate tax return.

Does All Property Go Through Probate Court?

No — estates that are valued under $100,000 and do not contain real estate are allowed to submit simple affidavits in lieu of a formal probate proceeding. Furthermore, property that is jointly owned and assets owned in joint tenancy are not subject to probate. Accounts that already have a beneficiary listed, such as payable-on-death or retirement accounts, are distributed to those beneficiaries without probate. And assets held in trust are not subject to probate; they will distribute assets to beneficiaries according to the rules set up when it was created.

Does Anyone Need to be Notified about Probate Proceedings?

Yes — notification is sent to all of the decedent’s heirs, even if they were not included in the will, and the executor or administrator will directly notify creditors as well. A public obituary is issued to help alert creditors. Creditors only have six months to file claims against the estate, and if they do not, they cannot collect directly from the estate. Relatives and heirs will have the opportunity to contest the will as well.

What Does It Mean if Someone Dies Intestate?

Dying intestate means that the decedent died without a last will and testament in place. In such cases, the court will appoint an administrator to the estate, and the distribution of assets will be determined by the state’s laws of intestacy succession. It’s important to create a will because otherwise your assets may be distributed to heirs or relatives in ways you did not intend.

What happens during Probate?

The probate process begins when the executor of the estate submits the appropriate paperwork to enter the will into probate and officially assign the executor. The court will determine whether or not the will is valid; this is usually routine, but sometimes a will may be contested. All the decedent’s assets are identified and appraised before the proceedings continue. Eventually, the assets are distributed according to the will.

Professional Assistance for a Future You Can Trust



We provide professional legal assistance to understand the instructions and documentation you need to put into place to satisfy the court, appease creditors, and successfully ensure your assets go to the family members or friends in the way you intend them to.

At Schottler & Associates, we can help you ensure that your intentions are clear so that when your valuables need to be divided, your values remain protected. We can help you identify your needs so that you can put the best measures in place.

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Schottler & Associates

7222 W Cermak Rd #701
Riverside, IL 60546

Schottler & Associates