When a person dies with a will, he or she dies testate. If there is no will, that person is said to have died intestate. In either case, in order to distribute the decedent’s estate, probate proceedings in the Circuit Court of Rock Island County might be necessary. Rather than stumbling through the probate process and having to return to court time and time again, you’ll want to retain an experienced and effective probate attorney in Moline, IL.
When a person dies testate, their will or trust agreement specifies who takes from the estate and what they take. If he or she dies intestate, the laws of the State of Illinois designate who takes and how much they take. What determines whether an estate must be opened in probate court depends on the types of assets that the decedent owned at the time of their death and how the title was held in those assets. Whether a valid will existed at the time of the decedent’s death is irrelevant. Two general rules apply. If property was held in a revocable living trust, don’t go through probate. The other rule is that assets held in joint tenancy or a tenancy in the entirety don’t go through probate either. Title passes to the survivor(s) automatically.
If the value of a decedent’s estate is less than $100,000, and it has no real estate, probate proceedings aren’t necessary. Subject to certain conditions, a property can pass to those who lawfully inherit.
If probate proceedings are required, the person designated by the decedent to administer the estate opens it with the filing of various documents. By retaining the right probate attorney in Moline, IL, you might never be required to appear in probate court. For questions or issues involving probate, contact attorney David J. Franks at 563-362-3288, or use his easy contact form at http://davidjfrankslaw.com/contact/.