Probate
In Illinois, a deceased person’s estate must be administered through the court-supervised probate process if the decedent’s assets exceed $100,000 or real estate was titled in the name of the deceased. Schaumburg probate attorneys assisting clients in navigating the probate process in Illinois courts. Our probate attorneys practice in Schaumburg, Hoffman Estates, Bartlett, Streamwood, Arlington Heights, Barrington and throughout the Chicagoland area.
What are probate assets?
This can be a complicated answer at times but generally probate assets are assets held in the name of the decedent solely.
Some examples of non-probate assets are: jointly owned property, 401(k) assets, life insurance proceeds, and IRA funds.
Why Choose Us
Small Estate Affidavit
Our Schaumburg probate attorneys will work with you to determine if a Probate Estate must be opened and what assets may be subject to probate. Some estates will not require the full probate process and can be completed by using a Small Estate Affidavit. Our attorneys will prepare the Small Estate Affidavit and work with you to determine what steps are necessary to wrap up the decedent’s affairs.
Formal Probate Process with the Court With a Will
If the decedent had a Will, our attorneys will work with the Executor to complete the probate process. The first step is to file the Will with the court so the Probate Estate can be opened.
Without a Will
If the decedent dies without a Will, our attorneys will assist in determining who should be appointed as Administrator of the Estate.
Court Process
Whether the decedent died with or without a will, the Probate Process must be navigated in the Circuit Court of the county where the decedent lived. Our attorneys will prepare all of the documents required to open the Probate Estate and appear in Court whenever necessary to wrap up the decedent’s affairs. Our attorneys will assist the executor or administrator with all aspects of the probate process including but not limited to: providing notice to heirs and creditors, inventorying assets and claims, and representing the Estate’s interest in the sale of any real estate owned by the decedent in Chicago or the suburbs. Once the necessary notice period has elapsed and everything has been completed to wrap up the decedent’s affairs, our attorneys will draft the necessary documents and appear in court to close the probate estate and release the executor or administrator of their duties. Additionally, our attorneys are experienced in estate tax law and can inform you of any and all tax obligations for the Estate.
Probate Litigation and Contested Probate
We assist clients in determining whether an estate was managed properly, whether a will is valid or subject to claims of undue influence or claims of incompetency. We have experience in litigating disputed estates, contesting wills, litigating over the mismanagement of estates, and assisting our clients in evaluating their claims.
Why Use Kelley, Kelley & Kelley
Experience
The attorneys at Kelley, Kelley & Kelley have decades of experience in assisting clients with probate. We are a full-service firm that can help guide you through all the aspects of the probate process in a cost effective and efficient manner.
Practicality
The attorneys at Kelley, Kelley & Kelley have handled probate estates of all sizes and we obtain efficient and effective results for our clients. We know the process to ensure claims are handled quickly and efficiently, assets are transferred properly and effectively, and we can do so in a cost effective manner.
Community
We are active parts of our community so you can depend on the attorneys at Kelley, Kelley & Kelley.
Attorneys Practicing Probate
William F. Kelley
Managing Partner
Matthew X. Kelley
Partner
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