When one is estate planning in Illinois, it’s helpful to understand the probate process. Not all estate plans must go through probate. In fact, many people wish to create an estate plan that will not require probate, which can decrease the stress on family and friends during the mourning period. In some circumstances, probate is simply unavoidable if there are disputes about the legal terms in the will or no will is available.
How to avoid probate
Probate is the process where the deceased individual’s will is validated and the assets distributed as desired. But if one prepares an irrefutable estate plan, the process may be avoidable. Probate happens when there are questions or disputes about the will. The executor of the will, which should be named in the estate plan, is responsible for filing the will with the probate court when necessary.
Probate can be required with or without a will, depending on the circumstances. When someone dies without a will, it is called intestate. This means that all asset distribution will be completed according to Illinois state law. Those with a thorough estate plan and a will that lists all desired asset distributions may create a situation where loved ones will not be required to go through the stressful and expensive probate litigation process.
Legal help is essential in estate planning
Anyone who wishes to create a legally binding estate plan should work with an experienced attorney. Estate planning laws in Illinois can be complicated to understand. It’s important for individuals to seek advice to help them understand how to create an estate plan that includes a will to help prevent disputes over assets after their death.
