In order to begin the process that would lead to the closing of the estate and distribution of assets, you would need to open probate. This process can become complicated and may cause headaches for your family.
Before probate can begin, you must locate the will that the deceased person left. Hopefully, the will was stored in a safe and easily accessible place. The family does not have an unlimited amount of time to begin the process – they must locate the will and file it with the clerk of the county where the deceased person resided within 30 days of their death.
The most detailed step to open probate is when the family files a petition with the probate court. The family would need to include a considerable amount of information with the petition, including information about the deceased person and the approximate value of their estate. In addition, the family would need to certify that they believe that the will that was filed was the last known will.
The personal representative must file a number of other documents with the court in order to begin probate. These documents include the following:
- Petition for Letters of Office
- Oath and Bond of Representative
- Affidavit of Heirship
- Order Declaring Heirship
The probate process can be confusing, and the personal representative must prepare for it in a limited amount of time. Hiring an experienced probate attorney is a worthwhile investment, both to increase the chances of a successful process and to take the pressure off your family during a difficult time.
Contact a Lincolnshire Probate Attorney Today
The attorneys at Charles T. Newland & Associates represent personal representatives and beneficiaries during the probate process. To schedule an appointment with an attorney, you can send us a message online or call us today at 847.797.9300.