Schaumburg law firm practicing in probate law in Schaumburg. What is probate? Very simply put probate is the court process where a deceased individuals assets are distributed. A deceased person’s assets are distributed according to a valid will or pursuant to Illinois intestacy statutes. What is an intestacy statute? An intestacy statute is the state statute that governs how a deceased individual’s assets are distributed when they die without a valid will. In Illinois the intestacy statute is found at 755 ILCS 5/2-1. An individual’s, who dies without a valid will in Illinois, assets will pass as follows:
- if you have a spouse and no descendants all of your assets will go to your spouse
- if you have a spouse and descendants 1/2 of your assets will go to your spouse and 1/2 will go to your descendants
- if you have no spouse but you have descendants then al of your assets will go to your descendants
- if you have no spouse and no descendants then your assets will be distributed in equal parts to your parents/siblings/descendants of your parents
- if you have no spouse, no descendants and no parents or siblings then your estate will pass in equal parts to your maternal grandparents and paternal grandparents or their descendants in equal part
- if you have no relatives that meet these criteria the statute looks for relatives (or their descendants) at an increasing generational level (i.e. great grandparents and their descendants then great great grandparents or their descendants)
Probate in Schaumburg requires a party to file the deceased individual’s will, if there is a will. Following the filing of a will it must be admitted to probate and an executor or administrator must be appointed. Can you handle the probate case yourself? No, unless you are a licensed attorney yourself, you should contact an attorney who practices in probate.
How long can probate last? That depends on the assets of the deceased individual, how many heirs or legatees there are, whether there are any claims filed, whether anyone is contesting a will, and many other factors. Using an experienced Illinois probate attorney will ensure the most efficient and quickest probate administration. Call Kelley, Kelley & Kelley today to speak with an experienced Schaumburg probate attorney to discuss your case.