ADDRESS:
9991 191st Street Mokena, IL 60448
CALL NOW: 708-478-5050
Dying intestate in Illinois means that any property left behind will be distributed in accordance with Illinois intestate succession laws. “Intestate” is the legal term for dying without a valid, enforceable will. Probate begins with the court appointing an administrator who is charged with the specific duties regarding property distribution. Claims against the estate are also prioritized with any remaining assets distributed according to family inheritance standing.
Individuals who are legally married will typically have their spouse named as administrator. However, this is not necessarily an automatic assignment. The
administrator, also known as the personal representative, must be of sound mind and be capable of performing the duties according to law. Certain criminal histories can result in denial in some instances.
Aside from an assignment of a spouse who may also inherit the decedent’s personal assets, the line of administrator succession next goes to children and then on to parents if the decedent has no children. The court decides which sibling will be assigned as administrator, but input from the family is accepted in most probate situations. The court also has the power to assign an individual from outside of the family or require a bond posting.
The estate administrator is required to inventory all assets and documents pertaining to the decedent estate and notify all creditors. However, the order of payment distribution priority begins with tax liabilities, funeral expenses, court costs, attorney’s fees, and administration expenses. Creditors are typically paid after these initial payments are satisfied. If there are any estate proceeds remaining after the probate process is complete, they are distributed to the family per orders from the court.
Some decedents fail to establish a will because their estate is insolvent. Those who may be in charge of estate administration can actually do nothing if it is the best option. Any property that is held in joint ownership such as a bank account or even real estate will become property of the surviving account holders.
The sole purpose of the website for Zapolis & Associates, P.C. is to provide information. The information on this website neither establishes a client-attorney relationship between readers and Zapolis & Associates, P.C. nor does it constitute legal advice.
It is solely the responsibility of the reader to consult their own counsel for legal advice.
Following consultation with competent legal or other professional advisors who can assess their unique facts and circumstances, readers or clients should only make decisions or take actions based on the material on this website.
I highly recommend Zapolis and Associates for estate planning. They helped my mom plan out her estate. Very thorough, kind and knowledgeable. They went above and beyond and we are forever grateful….
Paula J.
He is exactly what I needed. Got me on tract, prioritized my needs.
ronny b
Very helpful with helping me get paperwork from relatives from my son's trust fund account.
Allen K.
They've helped my wife and I address concerns we've had for quite a while. We decided on a Trust as the vehicle to address our final wishes.
Quasi M.
Phone: 708-478-5050 | Fax: (708) 478-5052
Address: 9991 191st Street Mokena, IL 60448
Business Hours:
Monday - Friday: 9:00 am - 5:00 pm
Saturday - Sunday: Closed