All About Probate
Bott & Associates, Ltd. is a local law firm with bold ideas and creative legal strategies that get results. Most of our clients come to us because they need assistance in estate planning, trust and will drafting, the probate process, litigation, guardianship, and other issues that may be associated with estate law. As probate lawyers, we are committed to providing clients with effective legal representation while achieving the right results. Rest assured, no matter what your issue might be, we care about you and will relentlessly work to protect your rights. For a consultation with a probate lawyer in Schaumburg, IL, call our firm today.
Understanding the Probate Process
Probate is a court process that takes place after a person has died. During the process, the court and a probate lawyer will determine the validity of a will and oversee the payment of any debts owed and the distribution of physical and financial assets. If there is no will upon the death of the individual, there will still be a probate process.
The state regulates the legislation used during the probate process. Each state is different, which is why, as an executor or administrator of an estate, you should have a probate lawyer on your side. Bott & Associates, Ltd. may assist you in this respect. Guided by years of experience, we have assisted countless clients in and around Schaumburg, IL who were facing probate. Our lawyers are ready to help you too.
Probating an Estate After a Person’s Death
Despite every state having its own laws regarding probate, the process generally involves the following:
- Petitioning the court to begin the probate process of a will
- Sending notice to beneficiaries, creditors, and other parties
- Paying off any debts owed including taxes
- Distributing remaining assets to the beneficiaries according to the terms put forth in the will
If there are any disputes regarding the validity of the will or distribution of assets, there will also an effort to resolve these matters as efficiently as possible. Your probate lawyer can discuss this situation in further detail if it applies to your case.
Small Estates and the Probate Process
Many states have simplified the probate process when small estates are involved. Certain requirements will need to be met. Generally, this refers to a total net worth of the estate. This process is usually held before an administrator of the court rather than probate court.
If there is no will or the court finds the will to be invalid, the inheritance rules of the state will apply. Typically in this situation assets are distributed to the surviving spouse and children. This is followed by parents and other relatives.
Speak with a Probate Lawyer Now
If you need assistance in the probate process or another estate matter, contact Bott & Associates, Ltd. to schedule a consultation with a probate lawyer Schaumburg, IL families know and trust. We understand that this process can be confusing, and it’s our goal to simply the process. Call us today to arrange a consultation with a probate lawyer who has your best interests in mind.