Category: Probate

OPENING PROBATE: WHAT DOCUMENTS ARE NEEDED AND WHAT IS NEEDED ON THOSE DOCUMENTS

OPENING PROBATE: WHAT DOCUMENTS ARE NEEDED AND WHAT IS NEEDED ON THOSE DOCUMENTS

When a loved one passes away, if they don’t have a trust that distributes all of their assets and money, the heirs and family must open Probate in order to obtain the documents needed to be able to administer the estate of the deceased. In order to open Probate, you must file a set of initial documents with the court where the deceased lived for the judge to understand the extent of the estate.

Please also be aware that certain counties may require additional documentation and you should refer to your Judge’s standing orders for a complete understanding of what will be needed. However, the documents you will need generally to prepare and submit are as follows:

Petition for Letters of Office: This is the initial petition document you file where you state who is making the petition for the letters of office and how much the estate has in it. You will need to state how much is there in the estate’s personal property, how much value there is in any real estate owned by the estate, and whether there is any current rental or other income coming in from the real estate.  

Affidavit of Heirship: In this document you will list out the family and heirs of the deceased. It can differ on how in depth you must be on this document depending on your judge so its often better to be more inclusive than less inclusive. Judges often want to know if there are living or deceased parents, siblings, and/or children of the deceased person.

Oath and Bond: This document is the oath you are making as the executor to administer the estate in good faith and to the best of your ability. This document is either submitted with or without Surety. Surety, also known as a Surety Bond, is an initial deposit you make with the court so that in case the money from the estate is stolen, the court has a pool of money in which to pay out the heirs. Will’s can and often do waive the need for this initial deposit.

Notice to Heirs or Waiver of Notice: When you open probate, you must notify the various heirs of your filing 30 days prior to the court date. Alternatively, if the heirs are willing to sign waivers of notice, those can be submitted instead and then notice is not required.

Pre-Prepared Orders: At your initial court date, you will be asking the Court to issue an order declaring heirship, which is the Court declaring that the heirs are indeed who you say they are, and an order appointing representative, which is what gives you the letters of office which allow you to administer the estate. You should have these pre-prepared before the hearing to open the estate and bring courtesy copies with you.

As previously mentioned, the documents listed above are just what is generally needed, counties can impose additional requirements and restrictions for documents and it is important to review your local court’s administrative orders and your local judge’s standing orders.

If you need to open a probate estate, please consider contacting the Law Office of Andrew Szocka P.C. We are an experienced law firm who open probate estates across McHenry, Cook, Will, Lake, Kane, and numerous other Illinois Counties. Consider giving us a call at 815-455-8430 or email us at info@szocka.com.

What are the Steps to Opening a Probate Case?

What are the Steps to Opening a Probate Case?

Just suppose your loved one dies without ever having the chance to make a will or trust.  Now imagine that this person owns a home, has bank accounts and investments.  If you are the surviving spouse and you own everything joint, then, in most cases, everything passes to you.  But what happens if you each owned your own accounts and investments, no beneficiary is named and you need to access the account?  A probate case may be required with or without a Will.

  1. Meet with an attorney that handles probate estates.
  1. Bring a copy of the death certificate, the original will, if one exists, a list with names, addresses, ages and how related of all beneficiaries/heirs of the deceased, and a copy of the latest bank/investment account statements that you have in your possession. The attorney will also need a copy of the deed to the real estate.
  1. Someone will have to agree to be appointed the Independent Administrator of the estate. In the event that there is a will, the will usually names an executor and requests that a surety bond be waived.  If no will exists, the Court will appoint an administrator and will require a surety bond in the amount of 1.5 times the total amount of the estate.  The cost of a bond can be quite high.
  1. Once the paperwork has been completed and filed with the Court, the Court enters an order stating the amount of the bond required. The bond is obtained and submitted to the court.  Letters of Office will be issued naming an Independent Administrator.
  1. A Claim Notice published in the newspaper once a week for 3 weeks is required as a notification that a probate estate has been opened. This allows a claim for repayment of a debt to be filed against the estate within a six-month period of the publication.
  1. Once Letters of Office are issued, the Independent Administrator may then sell the real estate and handle any bank account or investment accounts that are open in the deceased’s name.
  1. The Independent Administrator is required to keep an accounting of all the transactions of the estate, all receipts and all distributions. At the end of one year, an accounting of these transactions must be filed with the Court.

 

If no claims are filed and administration goes smoothly, the probate matter can be closed at the end of one year and the Independent Administrator may be discharged.

If you are thinking about a Probate Matter, local attorney Andrew Szocka provides thorough and speedy Probate assistance in the Chicagoland area.  To schedule a free initial consultation, visit Andrew Szocka, P.C. online or call the office at (815) 455-8430.

 

 

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