Aurora IL Probate Attorney
Robertson Legal Group, LLC is probate attorneys that help executors probate their wills and helps people probate matters where decedent’s (the person that died) did not have a will or anything in place. We are a 15 year experienced estate planning, guardianship, and probate attorney with offices in Yorkville and Kendall County.
Experienced Aurora IL Probate Attorneys: Appointment of Executors and Independent Administrators
We are the founder of Robertson Legal Group, LLC and We are passionate about helping people with financial issues such as estate planning and probate matters. We are a graduate of DePaul University College of Law and has been practicing law for over 15 years. Probate is the court process where the courts supervise the administration of a deceased person’s assets and payment of his or her creditors.
When a person dies without a will, this process is called “intestate succession”. Intestate succession in the State of Illinois is the probate statute that addresses how and which heirs are eligible to be appointed as executors and receive an inheritance from the family members. In addition, most people fail to assume that a will must be probated as well. We also help people probate wills through the Kendall County Probate Court.
HOW DO YOU PROBATE A WILL IN AURORA IL AND KENDALL COUNTY?
Probating a will in Aurora IL and Kendall County involves a court process called “probate court”. In Kendall County, Probate court is located in Yorkville, Illinois. The first step to probate a will or intestate succession case is to file a Petition for Letters of Administration is the official document for intestate succession. These are the forms for a person that has deceased without a will or anything in place. A Petition for Probate of a Will and for Letters Testamentary is the document that must be filed when someone has a will.
The purpose of this initial filing is to inform the court where the decedent died, the date of death, and the amount of personal and real estate assets in the decedent’s estate. The proposed executor swears under oath that all the facts are true and correct. The proposed executor will also detail their relationship to the decedent and highlight any heirs and legatees.
Affidavit of Heirship in Aurora IL
An Affidavit of Heirship is a legally sworn document, which summarizes the family relationship of the decedent or deceased person. The affidavit of heirship is necessary to inform the court who has the standing to contest the will or the appointment of the executor being appointed to be the executor of the decedent’s estate. An affidavit of heirship is a document submitted under oath and serves the purpose of informing the Kendall County Probate Judge of the decedent’s family members such as any children, any disabled adult children, any spouses, and any siblings of the decedent.
A Surety Bond is required unless the decedent waived the requirement in the Will. People who are addressing probate through intestate succession generally must obtain a surety bond. There are certain exceptions.
A surety bond is essentially a form of insurance to protect beneficiaries from the malfeasance of the executor, which financially hurts the beneficiaries of the estate. Thus, the goal of a surety bond is to provide insurance in case the executor mismanages the estate’s finances. Sean has relationships with surety bond companies where he assists his clients with the surety bond process.
Oath of Representative
The Oath of Representative is a legal court order where the proposed executor swears under oath that they will execute their duties as executor to the best of their abilities as required under Illinois law. This Oath is designed to strongly encourage executors to uphold the integrity of their job duties and to understand that their job duties are important. The Oath of Representative is one of the required documents that must be filed during a probate court procedure.
Order Admitting Will to Probate Court and Appointing Representative
The Order Admitting Will to Probate Court and Appointing Representative is a court order, which appoints an executor to lead the decedent’s probate estate. This document affirms that the executor has met the legal requirements to be appointed as executor of the estate.
This Court order accepts the will to probate court and appoints the executor. After this Order has been admitted to probate court, a notice to heirs must be mailed to the heirs advising them of their legal rights to object to the will and initiate a will challenge. After this Order Admitting Will to Probate Court and Appointing Representative has been ordered by the court, the executor has 60 days to file an inventory of the assets of the estate with the Kendall County Probate Court.
Order Declaring Heirship
The Order Declaring Heirship is an important legal court order because this is a legal finding by the court regarding the heirship of the decedent. Heirship is essentially a decedent’s close family members that entitle them to certain rights and inheritance rights. Heirship is vital because it grants a person or persons the standing to be heard in the court process. Standing is significant because only persons that have standing can challenge the validity of a will or object to the appointment of an executor.
Experienced Aurora IL Probate Attorney in Kendall County
We are a seasoned estate planning and probate attorney in Aurora IL. Sean helps proposed executors with the probate process in Kendall County and surrounding counties. Sean has over 15 years of experience in the areas of estates and trusts, probate, and guardianship proceedings. Sean offers a free initial consultation. We can be reached at 630-780-1034 or via email at Sean@GatevilleLawFirm.com