Robertson Legal Group, LLC are Yorkville Probate Attorneys handling appointments of executors and probating of wills. Sean Robertson is an experienced estate planning and probate attorney with offices in Yorkville and Kendall County.
Experienced Yorkville Probate Attorneys: Appointment of Executors and Independent Administrators
Our attorneys and support team at Robertson Legal Group, LLC are experienced Yorkville Probate Attorneys. We assist people probate last wills and testaments and help people with the probate process in Kendall County and Yorkville among other suburban area district courts. Generally, the probate process in Kendall County depends on one of two things. The first issue is whether there is a will to probate. The second issue is whether the deceased person died without a will or trust or otherwise known as “intestate succession”. We will not discuss “intestate succession” in this article, but we will talk about “intestate succession” is another article. The probate process for the intestate succession are similar to probating of a will.
PROBATING OF WILL IN KENDALL COUNTY
Probate of a Will or otherwise known as a “Last Will and Testament” means that the deceased person’s heirs and/or legatees must follow the court process in Yorkville and Kendall County or otherwise known as “Probating of a Will”. Probate is the court, which addresses deceased person’s estates. The first step in probating a Will in Kendall County is filing a Petition for Probate of Will and for Letters Testamentary. Simply put, this legal document, which is sworn under oath by the person that is seeking to be nominated as the independent administer of the probate estate. Generally, this Petition for Probate of Will and for Letters Testamentary summarizes when the will was completed, the decedent’s name and address, and the amount of personal and real estate assets in the estate’s name. Typically, family members or persons listed in the deceased’s will are the ones that seek to be appointed as independent administrator. The deceased person’s will normally names an executor or contingent executors. The Petition for Probate of Will and for Letters Testamentary also must be sworn under oath stating that the Petitioner seeking to be appointed as independent executor is legally qualified to act as an Executor.
Affidavit of Heirship in Kendall County
To open a probate estate in Yorkville and Kendall County, an affidavit of heirship must be filed and accepted by the Kendall Probate Court. An affidavit of heirship is a sworn legal statement, which describes the deceased person’s family history such as their spouse or former spouse, their siblings, and/or their children. Essentially, an affidavit of heirship is a description of the family relationship of the deceased person or otherwise known as a “decedent”. An affidavit of heirship is typically a document sworn under oath as well. The purpose of the affidavit of heirship is to give the Kendall County Probate court information on the heirs and legatees of a deceased person. The affidavit of heirship is used in declaring heirs of a deceased person that has a will. A legatee is a person or persons that has a legal interests in the admittance of a will. Thus, a legatee is a person that is inheriting under a will.
Bond Surety in Yorkville
The person seeking to be nominated as the executor of an probate estate must obtain a surety bond. A surety bond is similar to insurance to protect the heirs and legatees from the independent administrator failing to discharge their duties of their office. An insurance company estimates an insurance premium based upon 1.5 times the value of the estate (personal). An experienced probate attorney is invaluable because they have relationships with surety companies that insure independent administrators.
Oath of Representative/Office
The Oath of Representative is a document where the proposed independent administrator states under oath that they will administer the estate of the decedent to the best of their ability as required by law. The purpose of this document is to strongly encourage independent administrators to uphold the duties of the independent administrator position. Being appointed as an independent administrator is an important role, which has substantial financial impact on heirs and legatees.
Order Admitting Will to Probate Court and Appointing Representative
An order admitting Will to Probate Court and Appointment Representative is a finding by the Kendall County Probate Court that affirms that the independent administrator has meet the legal requirements to be appointed as independent administrator. The Order Admitting Will to Probate Court is a legal document issued by the Probate Court indicating that the legal requirements have been met to obtain the court order.
After the Order admitting Will to Probate Court and Appointment of Representative has occurred, the independent administrator has 60 days to file an inventory of assets. An inventory of assets is a legal document indicating the amount and character of assets owned by the decedent’s estate. Disclosure is crucial in probates because the Kendall County Court wants heirs and legatees to understand the finances of a decedent.
Order Declaring Heirship
An Order Declaring Heirship is a court finding that indicates who the heirs of a decedent’s estate is. Heirship is essentially the family relationships of the decedent such as whether he or she were married, had any born or adopted children, and or any siblings. The heirship order is significant because the heirs have the ability to content a will. Non-heirs and non-legatees have no basis or standing to fight a probate proceeding.
Experienced Yorkville and Oswego Probate Attorney in Kendall County
Sean Robertson is an qualified and seasoned Yorkville probate attorney with offices in Yorkville and Kendall County. Sean Robertson is a DePaul University Law Graduate with over 15 years of estate planning and probate experience. As full-time Kendall County Attorneys, we are eager to serve clients in the Kendall County area such as Oswego, Plano, Yorkville, Aurora, Montgomery, Plainfield, Joliet, Bristol, Plattville, and Boulder Hill among other areas. Sean Robertson may be reached at 630-882-9117 or via email at Sean@RobertsonLegalGroupLLC.com.