What is the probate process?

The probate process in Illinois is the legal procedure of distributing a person’s assets and property after they have passed away. During probate, a court will review the decedent’s will and determine whether it is valid. If there is no valid will, the court will apply the state’s intestacy laws to determine how the decedent’s estate should be distributed. The first step of the probate process is to open the estate by filing an application with the court. Once the court has accepted the application, the estate is opened and a personal representative is appointed. The personal representative is responsible for managing the estate and making sure that the decedent’s debts are paid. Next, the personal representative will need to gather all of the decedent’s assets and prepare an inventory of the estate. This inventory will be used to pay any outstanding debts, as well as to determine which heirs are entitled to receive a portion of the estate. Once all of the estate’s debts and taxes have been paid, the remaining assets are distributed to the heirs according to the terms of the will or state intestacy laws. The personal representative must also make a final accounting to the court, which outlines how the estate was managed and how the assets were distributed. Once the court is satisfied that the estate was handled according to the law, the probate process is complete and the estate is closed.

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What is the probate process?

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