How Does the Probate Process with a Will Differ from the Intestate Probate Process?
If a decedent dies intestate (without a will), the property will be distributed to the beneficiaries according to state law. If there are no relatives, the property will go to the state. If minor children are impacted by the decedent’s death, a guardian ad litem will be appointed to determine guardianship issues. Additionally, intestate probate proceedings are public proceedings, with all information publicly available. Accordingly, the value of your assets, the amount of your debts, and any family secrets could be aired in court and available for public eyes to see.
If the decedent dies with a will, however, the probate court will distribute assets to the beneficiaries designated in the decedent’s will. The probate court will also deal with minor children according to the specifications in the will, which can avoid the necessity of appointing a guardian ad litem and may prevent confusion among family members about who will assume guardianship. In general, the probate process is significantly less costly and time-consuming when there is a will because the decedent’s wishes are clear and the executor does not need to post a bond.
How Can Attorney Help with the Process?
An experienced Illinois probate attorney can help significantly with the probate process. For instance, an Illinois probate attorney can do the following:
- Educate clients on the probate process
- Appear in court on behalf of the executor/administrator
- Document and facilitate any real estate transfers
Advocate on behalf of clients in any will contests
If you would like additional information regarding the probate process or assistance with your estate plan preparation, please contact Illinois probate lawyer Marc Blumenthal at (847) 808-7092.
