KENDALL COUNTY PROBATE: PROBATE IN YORKVILLE
Probate court is located in Yorkville and is administered through the Clerk of the Circuit Court. Probate is the process of distributing one’s assets upon a death. Probate is required because one has a will, which must be probated, or a decedent died without setting up a relevant estate plan. Sean Robertson and Gateville Law Firm concentrate in Kendall Probate matters. Sean Robertson is a resident of Yorkville and Kendall County. We help people in the Yorkville and surrounding areas with their estate administration, probate, and will preparation (including trust matters).
PROCESS FOR PROBATE COURT IN KENDALL COUNTY
The first step in the probate process is to meet with a lawyer to see if probate is required. In our experience, many probate lawyers fail to properly understand real estate law. Often, people with real estate properties can employ non-probate strategies to avoid the expense of probate. If probate is required, a person must seek to be appointed as the “executor” or “independent administrator” to administer the probate process for the heirs and legatees or the family and friends of the decedent. The first legal document to file in Probate Court in Kendall County is a Petition for Admission of Will and Summary Administration (in case where there is a will) or Petition for Letters of Administration.
PROBATE DOCUMENTS TO BE PREPARED IN YORKVILLE AND KENDALL COUNTY
There are several documents, which must be prepared to navigate the probate process in Kendall County. These documents are the following:
- Petition for Letters of Administration or Petition for Admission of Will and Summary Administration
- Affidavit of Heirship, which outlines who are the rightful heirs under the Probate Act of 1975
- Oath of Representative
- Surety Bond (unless waived in the will)
- Order admitting the Will to probate court
- Order Appointing the Administrator
- Order Declaring Heirship
- New Case Probate Information Sheet
Our probate team at Gateville Law Firm will counsel and guide you and your loved ones through the probate process in Kendall County and surrounding areas. Sean Robertson employs experienced certified paralegals and assistants to have significant experience navigating the probate and estate administration process.
Kendall County Probate is a court which administers the probate process in Yorkville, Oswego, Plano, Newark, Joliet, Plainfield, Aurora, Montgomery, Minooka, Plattville, and other areas of Kendall County. Attorney Robertson and Gateville Law Firm understand the court processes, which are complex and difficult to understand. We also help people sell real estate through the probate process. Our real estate and probate lawyers are experienced with probate and real estate matters. We are also familiar with non-probate techniques such as the use of small estate affidavits.
SMALL ESTATE AFFIDAVIT PROCESS IN YORKVILLE AND KENDALL COUNTY
A small estate affidavit is a process in Illinois, which allows a family to avoid the expense of probate when a decedent had less than $100,000 in personal assets. A probate attorney can assist with preparation of small estate affidavits. Small estate affidavits are usually requiring cashing life insurance proceeds and other checks, which the bank will not allow one to cash or deposit. A small estate affidavit requires several factors:
- No real estate interests
- Total personal assets do not exceed $100,000
- No probate proceeding has been filed
A small estate affidavit is simple and easy. A small estate affidavit also avoids probate court, creditors must be paid, and a small estate affidavit summarizes the heirs of the estate including whether a Will exists (and has been filed at the local courthouse). Attorney Robertson and his probate team can assist you and your loved ones with whether a small estate affidavit is appropriate.
SKILLED AND EXPERIENCED KENDALL COUNTY PROBATE ATTORNEYS
The lawyers and support staff of Gateville Law Firm have a lot of in-depth knowledge and skill in the areas of probate law. Our Yorkville Law Firm can assist you and your loved ones with this difficult experience. Attorney Robertson is passionate about helping people in the Kendall County Area (or outside of Kendall County) with their loved one issues. Contact Sean Robertson at 630-780-1034.