Even if someone believes they have a valid and effective will, there are many reasons why a will might be deemed invalid by the probate court. What happens to the rest of the probate process if a will is invalid? Below is some basic information, though it is best to always speak directly with a Libertyville estates lawyer if you are in this situation.
Intestacy in Illinois
If an entire will is deemed to be invalid due to lack of mental competency or a related issue, and there was no prior will to present to the court, the case will proceed as if your loved one died without a will. This is referred to as dying intestate, and the estate will be subject to Illinois intestacy laws.
The following will likely happen:
- The probate judge will determine who to appoint as the personal representative for the estate
- After debts are settled, the remaining property will be distributed according to the law, not as set out in the invalid will
If there is a surviving spouse and no descendants, the spouse will inherit the entire estate. If there are descendants and no spouse, the descendants inherit (and divide) the entire estate If there are a spouse and descendants, the spouse gets half of the estate, and the descendants divide the other half.
If there is no descendant or spouse, the laws have complex instructions for how to distribute estate property to surviving parents, siblings, or descendants of siblings.
Seek Help from a Libertyville Estate Attorney
Probate can be complex for descendants estates due to invalid wills. It is always best to ensure you have a valid will with the help of Libertyville estates attorney Charles Newland. Our firm helps with estate planning as well as probate matters, so please contact us online or call 847.797.9300 for more information.
