Yorkville Probate and Intestate Succession: What Happens If You Die Without a Will in Yorkville

 Posted on March 29, 2023 in Estate Planning

When someone dies without a will or trust in Yorkville and surrounding areas, the state's intestacy laws will determine the distribution of their assets. These laws dictate who will inherit the deceased person's assets based on their relationship to the dead person.

If the deceased person was married and had no children or other descendants, their spouse will inherit all their assets. If the dead person was married and had children or other descendants, their spouse will inherit half of their support, and the other half will be divided equally among their children or descendants. If the deceased person were unmarried and had no children or other descendants, their assets would be divided equally among their children or other descendants. If the dead person were available and had no children or other descendants, their assets would go to their parents or, if their parents are deceased, to their siblings, nieces, or nephews.

Designated Beneficiaries

The probate court may not be necessary if one has chosen beneficiaries on their various accounts. A person has the authority to specify the beneficiaries who will receive their assets following their passing. A designated beneficiary is a person who has chosen to receive help from a particular account or financial instrument upon the owner's death. The owner of the account or instrument has the authority to specify who will accept the assets by completing a designated form provided by their institution, such as their banking institution. Designated beneficiaries may be named on various accounts, including bank accounts, life insurance policies, and retirement accounts. When the owner passes away, assets are distributed to the designated beneficiaries without going through the probate process.

However, designated beneficiaries have significant disadvantages when things go differently than they do. Murphy's law is a popular term that states, "anything that can go wrong will go wrong." It is often used to describe the idea that if something can go wrong, it will inevitably happen at the worst possible time. This principle is often involved in situations such as designated beneficiaries. The weaknesses of designated beneficiaries arise when primary beneficiaries have become divorced, incapacitated, have nursing home care, or are simply deceased. These gaps cause probate concerns, especially when one needs to adequately plan with a will or a living trust to avoid these problems.

Wills Must be Probated

A Last Will and Testament must undergo the probate process to be effective. A Last Will and Testament is ineffective until active by a probate court and admitted into the court. Life changes and failing to update one's designed beneficiaries cost probate and estate litigation. Families are more complex now than ever. Families are blended families, which contain step-children and parents suspicious of one another.

Furthermore, same-sex and unmarried couples have increased in popularity, and family disputes often arise. A Last Will and Testament is also public information and requires that all heirs be notified of proceedings. This causes concerns because parents and children may be estranged or fail to know about their other siblings. Family secrets become exposed during these proceedings, and as a consequence, estate conflicts arise.

The second reason for probate court concerns is a beneficiary is special needs or on government assistance. For example, the population is aging, and a parent may care for their disabled child but fail to place sufficient safeguards for their disabled children's protection in the event of their incapacity or death. Suppose your beneficiary is disabled or has incapacity issues. In that case, the inheritance may require guardianship and probate concerns, increasing the legal fees and costs concerning disputes arising from an updated designated beneficiary.

Intestate Succession Attorney in Yorkville, Illinois, Kendall County

Intestate succession occurs when a person does not have a will or a properly funded living trust. Intestate succession is the probate court process, which must be administered in the local county where the property was located. In Illinois, a probate court is required to determine the rightful property heir. Generally, the beginning of the probate process requires filing a Petition for Appointment of an Executor or Administrator. Next, the court must approve the selection of an executor or administrator, and the heirs must be notified to determine if there will be any objections. At Peace of Mind Asset Protection, LLC, we counsel families in Yorkville and Kendall County on guardianship and probate court. Call us today at 630-882-2467 or fill out the online form.