When a loved one passes away, the process of probate can be overwhelming and daunting. Let experienced attorneys navigate the court system for you. During such an emotional time, don’t take on more than you need to alone. We are here to help and do the heavy lifting for you. Whether your loved one left a will, a trust, or no estate plan at all, Richtman & Richtman, P.C. will guide you through the process of administering the estate. Call us today.
If there is a disagreement on how a trust or an estate has been administered, litigation may be appropriate. If you believe a trustee or representative of an estate has not handled his or her duties with due care, competence, and diligence, or that he or she has breached a fiduciary duty, there may be a claim to be made in probate court.
5 Most Commonly Asked Questions
For how long is probate opened? At least 6 months. In Illinois, there is a statutory claims’ period which requires the estate to be opened for a minimum of 6 months.
Do I need to open probate? If there is real estate or more than $100,000 aggregate value of personal property in the decedent’s estate, you will generally need to open an estate in probate court.
Who opens probate? If the decedent had a will, the executor named in the will petitions the court to open probate. If the decedent did not have a will, a close relative, either a surviving spouse, child, or sibling, of the decedent is generally the preferred person to petition the court to open probate. This person is called an Administrator. If the decedent had no close relative, someone else can petition the court to act as Administrator of the Estate.
What are Letters of Office? The official document from the Court with a raised-seal stamp, signed by the Judge that gives the Executor or Administrator the authority to act as the Representative of the Estate. Banks and institutions will require Letters of Office in order for the Executor or Administrator to have the authority to access a given asset of the decedent.
Where is probate opened? In the county the decedent last resided. We generally take probate cases in Lake, McHenry, Cook, and DuPage Counties.
