Probate Court Representation
Although it is our desire to help everyone avoid probate, we understand it is a legal requirement when someone dies without proper planning. There are many details in probate law that must be followed, or the representative could be held personally liable. At Piercey & Associates, we use our years of experience to ensure the process is as quick as possible while following probate law. We also delegate as much work to our paralegals to reduce our legal fee which results in more funds for the beneficiaries!
WHAT IS PROBATE?
A civil court procedure, processed under State and County regulations, where an administrator is named by a Judge to handle the affairs of someone who passed away without proper planning. This may include the administration of their Last Will and Testament or distribution to their heirs-at-law depending on the estate.
DO I NEED A PROBATE?
This is dependent on state law. Under Illinois law, a probate is required when a person passes away owning (these are estate assets):
- Real estate in their name alone or as tenants-in-common with no Transfer on Death form filed and/or
- $100,000.00 in their name alone with no co-owners or beneficiaries. This value is based on the death benefit of combined financial accounts, business accounts, some personal property assets, and more.
If your loved one died owning less than $100,000.00 in combined estate assets, a Small Estate Affidavit may be all you need. Call our office to learn more.
A valid Last Will and Testament does not avoid the need for probate. It simply tells the Court who will be managing your affairs when you pass and who will be receiving your estate assets. Proper planning is the best way to avoid probate.
HOW LONG DOES IT TAKE?
The process can take anywhere from a few months to a few years. We estimate the average time is around a year and a half from open to close. This is contingent on:
- The county’s rules and regulations,
- The administrator’s pace,
- The accountant’s pace,
- The beneficiary and/or heir cooperation, and
- Whether a claim period is required which is around 6 months from the date the estate opens.
Depending on the complexity of the estate, we usually complete our tasks within 1-4 weeks of receiving all of the proper information.