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Initiating the Probate Process: Filing a Petition for Probate

Deceased individuals who leave a will are likely to have already named an executor, the individual who will be responsible for fulfilling the terms of the will. However, in order for the executor to begin carrying out his or her duties, he or she must first file a petition for probate in order to be secure legal power through the probate process.

The process of filing a petition is not usually difficult when the executor has been named in the will, and the necessary forms are often readily available in these situations. However, it is imperative that this process be completed correctly so that the executor’s power is supported by the court. The petition process can become very important should an executor’s decisions or actions come under question during probate proceedings.

Filing a Petition to Probate

In Illinois, estates valued at more than $100,000 will almost always require probate proceedings. A few documents that you will likely need in order to file a petition for probate are:

  • The original Will
  • Notice of Petition to Administer Estate
  • Letters and Order to probate forms
  • Duties and Liabilities of Personal Representative

Illinois courts usually allow all creditors six months to file claims for payment. Other “interested persons” may contest probate of the estate, at which point a hearing will be required in order to move forward. Executors should consider retaining legal counsel in order to advise them throughout the probate process so that disputes may be properly addressed or avoided if possible.

Contact a Chicago Probate Attorney Today

If you have been named as an executor of a will, it is in your best interests to seek legal counsel from an experienced probate administration and litigation attorney who can help you take the right steps within the process. The Chicago probate attorneys at Peck Ritchey, LLC, understand how daunting the task may seem, but we are here to assist you in any way we can. Call (312) 201-0900 today to learn more about our legal services.

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