Specialized Counsel for Probate Process and Estate Planning

When a person passes away, if that person had left a will, his or her estate (assets) must go into probate, which is the process of proving the will is valid and, if so, administering the estate according to its terms – i.e. who will be the executor and how the estate should be distributed.

If the decedent did not have a will, a situation called intestate, the court will appoint an individual to allocate the deceased’s assets according to the jurisdiction’s laws of descent and distribution.

Often confusing and daunting, navigating the probate process requires organizing legal documents, identifying what needs to be dealt with from a personal side, and promptly identifying and following many laws and court rules. These steps require a strict adherence to deadlines as well.

In addition, once a probate estate has been opened, the executor or administrator typically must purchase a bond that provides insurance should the estate funds not be managed properly. This bond can be costly; however, in certain cases it can be bypassed. 

Most probate cases require a publication of the death as well. This notifies any potential creditors that an estate is open. The estate must stay open for at least six months after the initial publication.

If you are related to a deceased person or have been asked to be involved in the probate process, regardless of whether a will or trust exists, you will manage the proceedings most efficiently with a probate lawyer focused exclusively on probate law.

Nemeth & Oedzes, LLC, specializes in:

  • legal guidance and representation for estates in probate
  • comprehensive estate planning for clients who wish to create a detailed, thorough will or trust of their own to help secure their family’s financial future
  • drafting a solid plan to establish guardianship of minor children in the event the parents should pass away

When you partner with us for probate proceedings, we:

  • work with you to identify and take inventory of all of the deceased’s assets
  • communicate with any creditors who might be seeking payment from the estate (a vital step – failing to notify and respond to creditors can result in legal complications)
  • develop a final report for the court to determine how remaining estate assets can be divided (a potentially difficult phase that can require legal analysis depending on the surviving heirs)
  • support and represent you in the event the probate process is contested by the court or by parties with a stake in the assets

With us at your side, you gain the advantage of astute legal knowledge and experience for executing an estate in probate from beginning to end. Our background in the financial industry and our deep connections within the Will County legal community further position us to help you achieve an optimal outcome.

Ensuring that probate is carried out correctly preserves valuable time and energy. To learn more about our expertise in the probate process and with estate planning, please contact us today at (815) 222-0381.