Why Wills Must Go Through Probate 

 Posted on January 15, 2024 in Asset Protection & Wealth Preservation

Probate is a legal process that validates and administers a deceased person's will. While it may seem like an added burden during an already difficult time, probate serves several crucial purposes. If you seek legal assistance related to wills and the probate process, experienced lawyers can take some of the pain out of the process. When you hire a legal professional, they will be able to adequately shed light on the importance of probate in ensuring that the assets in your loved ones will are appropriately distributed and that your deceased loved one's wishes are respected. 

Probate Can Validate the Will

Probate ensures that the Illinois will presented is the authentic last will of the deceased. The court will then examine the document's validity, verifying that it meets the legal requirements, such as being properly executed, signed, and witnessed. This validation process helps prevent fraudulent or invalid wills from being enforced, ensuring that the deceased's true intentions are honored.

Probate Can Resolve Disputes

In essence, probate provides a forum for resolving any disputes or challenges to the will. Interested parties, such as beneficiaries or potential heirs, may contest the will's legitimacy or raise concerns about its contents. Probate allows these issues to be addressed fairly and transparently, with the court making decisions based on evidence and relevant laws. Resolving issues during probate helps prevent conflicts from occurring and ensures assets are distributed justly. 

Probate Can Identify and Protect Creditors' Rights

Probate is helpful because it provides a mechanism for identifying and addressing the deceased person's outstanding debts and creditors. During the probate process, creditors are allowed to make claims against the estate. This ensures that debts are paid before the remaining assets are distributed to beneficiaries. Probate protects the rights of creditors and prevents the estate from being depleted before legitimate debts are settled.

Probate Can Provide Legal Protection

Probate offers legal protection to the executor or personal representative of the estate. Following the probate process, the executor receives court approval and guidance on duties and responsibilities. This protection shields the executor from potential liability and ensures that they act in the estate's and beneficiaries' best interests. 

Contact Our Yorkville, IL Estate Planning Lawyer

There is no question that probate has a nasty reputation and can be a less-than-fun process. However, hiring a lawyer can move the process along and make it less stressful. For help during probate, contact the skilled Kendall County, IL estate planning attorney. Call 630-780-1034 for a free consultation.