South Elgin Probate Lawyers

Attorneys Helping Clients in Kane County With Probate and Estate Administration

When someone dies, the assets and the property that makes up their estate will generally proceed through probate, which is the legal process in which a person's estate is transferred to their heirs. Estates with a value of less than $100,000 may not need to go through probate, and they may use a small estate affidavit, if applicable, to simplify the process. When probate is required, the personal representative of the estate will need to complete a variety of legal procedures, and legal help can be essential during this process.

When a person who passed away had an established will, they are said to be "testate." When no will exists, the deceased is said to have died "intestate." A will may name a personal representative of the estate, who is known as the executor. If there is no will, the court will appoint an administrator.

In Kane County, probate matters are administered by the Civil Division of the Sixteenth Judicial Circuit Court. The skilled attorneys at Ariano Hardy Ritt Richmond Lytle & Goettel P.C. are experienced in estate planning and probate proceedings, and we have been assisting clients throughout the Fox River Valley area for over three decades. We can help executors and estate administrators understand and carry out their legal requirements efficiently while resolving any concerns that may arise.

Wills and Probate in Kane County

A will is a written document indicating how someone wants to have their estate distributed upon their death. When creating a will, a person will name an executor and provide detailed instructions about their final wishes. Wills must be presented to the probate court within 30 days after a person's death. Failure to do so may lead the court to disqualify the executor and assign an administrator to conduct the probate process.

Wills have some general legal criteria for validity. They must have been created by a person who was at least 18 years old and was of sound and competent mind. Further, a will must be signed by the decedent as well as by witnesses who were present at the signing. Wills may be contested by other parties during probate, meaning that the validity of the will may be questioned. An executor will have a duty to defend the validity of the document during probate litigation.

Duties of Executors

Once the probate court has declared that a will is valid, the executor may begin the following actions:

• Notification of all heirs, as well as providing legal notice in the local newspaper to inform creditors
• Create an inventory listing of all assets within the estate
• Have assets appraised when necessary and sell property as needed
• Transfer and convert accounts such as stocks or bonds
• Collect any life insurance benefits
• Maintain an accounting of assets with receipts or other documentation
• Defend and resolve any claims from creditors
• File final tax returns
• Manage asset distribution and disbursement

An executor must serve in an overall manner that is geared toward preserving an estate's assets and protecting the interests of beneficiaries. They will be required to follow the instructions a person left in their will when distributing assets.

Income and Estate Taxes

Estates may be impacted by estate taxes and income taxes in varying degrees. The executor will file the final income tax returns of the deceased, and they may need to account for income-related activities conducted during the administration of the estate. Estate taxes may apply at both the state and federal levels, depending on whether the value of the estate's assets exceeds certain thresholds. Our attorneys can make sure tax-related issues will be handled correctly during the probate process.

Contact Our Kane County Probate Lawyers

For multiple decades, Ariano Hardy Ritt Richmond Lytle & Goettel P.C. has effectively assisted clients with wills, trusts, estate planning, tax planning, and probate matters. We can provide representation for executors or others involved in the administration of an estate, ensuring that all legal requirements are met while helping to resolve disputes or address other legal concerns. We encourage you to contact our South Elgin, IL probate attorneys at 847-695-2400 for a free consultation.