Probate can be a lengthy and complicated process, and it is natural to wonder whether there are any shortcuts you might take. In Illinois, there is a simplified probate for smaller estates that can save you and your family time and money. It is always worth having a probate lawyer in Illinois evaluate whether you qualify.
Requirements for the simplified process include:
- The gross value of the probate estate is less than $100,000
- There are no owed debts or taxes
- All beneficiaries agree to the simplified process in writing
The executor must file a request with the proper probate court for the simplified process. They must also publish notice of the death and other required information in the newspaper three times over three weeks prior to the hearing. If you meet these requirements, you might be able to skip many steps of the traditional probate process.
In some cases, people set to inherit a certain asset might be able to use a small estate affidavit to avoid going to court altogether. You prepare the proper document, which is signed under oath, stating that you are entitled to receive the asset and other required information. The party holding the asset should release it upon receiving the affidavit. This can also be available if the gross value of the estate is less than $100,000.
Seek Guidance from a Probate Lawyer in Illinois
The probate process is different for everyone, and many people might be able to make it easier if an estate qualifies for simplified probate or the small estate affidavit process. You should not hesitate to let Illinois probate attorney Charles T. Newland advise you of your best options to execute and close an estate. Contact us online or call 847.797.9300 to learn how we can help during the probate process.