How do you avoid probate in Illinois?
How do you avoid probate in Illinois?
In Illinois, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it’s similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
What triggers probate in Illinois?
Probate is handled by the deceased person’s executor, who must: prove in court that a deceased person’s will is valid (usually a routine matter) identify and inventory the deceased person’s assets. have those assets appraised.
Do I need a lawyer for probate in Illinois?
The Illinois Probate Act does not require the representative of an estate to hire a lawyer. That said, practicalities may make a lawyer necessary, even if the representative would rather not hire one.
How long does probate take in Illinois?
six months
How do you find out if a will has been filed in Illinois?
After a person has died and the Will has been properly filed, then it becomes public record and anyone can obtain a copy of the filed Will from the Clerk of the Circuit Court where the Will was filed (i.e. where the decedent last resided).
What happens if you can’t find original will?
If an original will cannot be found, a copy can be admitted to probate under certain circumstances. If the court finds by clear and convincing evidence that the will copy is a replica of the testator’s original will, the court will admit the will copy and the estate will be probated.
What happens if an original will is lost?
If your search for the original will is unsuccessful but you have located a signed copy of the original will, you may be able to submit a copy to be proved by the Probate Registry. The Probate Registry will confirm their reasons should they refuse permission, or they will request further evidence from the executor.
Do lawyers keep copies of client’s wills?
Most estate planning attorneys take on the responsibility of holding their clients’ original wills and other documents. They do this for two reasons. First, they are often better equipped to keep the originals safe where they can be found when needed.
Is a copy of a will as good as the original?
A copy of a will may be admissible in court if the original has been destroyed by a fire or flood or if the original has been unintentionally lost by the testator. If the original will was purposely destroyed or thrown out by the testator because he or she wanted to revoke that will, the copy is not valid.
Does the court keep the original will?
Filing the Will: It’s the Law (Make a few copies before you do; the court will keep the original.) This isn’t an optional step. By law, most states require that you deposit the original will with the probate court in the county where the person lived within 10 to 30 days after it comes into your possession.
