Chicago Probate Attorney Helping You Navigate the Legal Process with Confidence

The loss of a loved one is overwhelming—and probate can make it even more stressful. Whether there’s a will, no will, or a dispute among family members, our experienced Chicago probate attorneys are here to help. At Nery & Richardson, LLC, we guide families through probate court, ensuring legal requirements are met, responsibilities are clear, and your loved one’s wishes are honored. We’ve helped hundreds of clients across Cook County protect their families and legacies with confidence.

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What is Probate?

Probate is the legal process by which a judge appoints an executor of the estate and determines the validity of the will or estate planning documents. Once a judge determines the validity of the will, the executor will be granted access to the estate, and the process of distribution of property and assets will begin. the Illinois probate process is also a time when the courts, legal team, and executor work together to handle any pertinent loose ends outlined in the will outside of property and asset division, such as guardianship of minors, payment of debts, and other important legal issues. It is important to note that some legal matters may be handled in family courts with family law attorneys instead of probate court and with a different judge than the one overseeing the probate proceedings, such as guardianship or adoption of the deceased loved one’s, minor child. The Illinois probate process can be a confusing system, which is why working with an experienced Chicago probate attorney is definitely worth considering when a loved one passes away.

How Long Does Probate Take in Chicago

While most people would prefer an easy answer, the truth is that the probate process takes as long as it takes, depending on the case. In some cases, probate may take a matter of days. For more complex or contested cases, probate may take months to complete. When it comes to probate, there are not many ways to speed up the process, aside from the use of a revocable fully funded trust having been put in place by the deceased prior to their death. The designated beneficiaries may be able to avoid Chicago probate. While it may not be possible to avoid or drastically speed up the probate proceedings, working closely with a Chicago probate attorney may save time in the sense that a lawyer will be able to ensure that all forms, documents, and other legal necessities are in order for the courts. From handling court requests to explaining the outcome in clear terms, a probate attorney represents clients and makes sure someone is fighting on their legal behalf during this difficult time.

What Does a Chicago Probate Attorney Do?

There are a number of ways that probate lawyers may be able to help. For starters, probate attorneys work with clients from start to finish of the probate proceedings in an effort to make the process as smooth as possible. When a loved one dies, you are bound to have questions about what happens to their personal property, assets, and other pertinent matters. Even with a will or trust in place, questions and tensions are likely inevitable. With the help of a Chicago probate attorney on your side, you will have someone there to answer questions and act as a mediator between you and the legal system. Aside from answering questions and dealing with the courts on your behalf, a lawyer may also be able to assist with explaining the roles and responsibilities of the executor of the estate. The executor is usually a non-family member of the deceased but may also be a relative in some instances.

What Happens in Chicago When Someone Dies Without a Will?

It is important to note that a valid will helps to make probate faster and easier on all parties, but a loved one may have died without a written will, or the will may have been called into question by the judge. If someone dies without a will or estate plan, the courts will decide according to state distribution laws. For example, in some states, a surviving spouse may be entitled to their deceased spouse’s estate in its entirety once debts are handled unless otherwise stated in a legal estate plan document like a will. If there is a surviving spouse and adult children of the deceased, the probate judge may use a different set of state guidelines in an effort to divide and distribute the estate of the deceased to these state-designated beneficiaries. If there is a will that has been called into question for its validity in Cook County, working with probate attorneys will give you peace of mind as you navigate this legal complexity.

Find Legal Help When You Need It Most

The death of a loved one is always a stressful, painful experience for any family. When dealing with probate after the death of a loved one, you deserve a compassionate yet aggressive law firm. Whether you have questions about real estate transactions, estate administration, or the probate process overall, an experienced probate lawyer is here to help and answer questions along the way. Best of all, probate lawyers fight on your behalf when dealing with the property and assets of a deceased loved one. Don’t let probate law and a lack of legal counsel turn a difficult time into an even worse outcome. Probate lawyers are here to help explain the options along the way—starting with a free consultation.

Ready to speak with a trusted Chicago probate lawyer? Call 773-232-6643 today for your free consultation. With over 30 years of experience in Cook County probate court, we’re here to help you move forward with confidence.