Law Offices of Robert M. Kaplan, P.C.
Schaumburg Family Law Attorney

Frequently Asked Questions (FAQs): Probate

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When choosing a family law attorney, you probably have a number of questions. Some of our most common questions are found here. If you do no see yours listed, please contact our office directly. We are happy to help!


After a person’s death, probate is the official legal process in which that person’s will, assets, debts, and wishes are authenticated, distributed, and managed. 

All estates of deceased individuals must go through the probate process, and probate courts are bound by processes and rules that determine how property can be distributed. While each estate will be slightly different depending on assets involved, the basic elements of the probate process do not change. 

Probate Process

First, the deceased individual’s will needs to be verified by the Court. Unless the will is contested, this is typically the simplest element of the probate process.

After the will is verified, an inventory of the belongings within the estate is completed. The time it takes to complete the inventory will vary depending on the size of the estate and the amount of tangible property involved. Once all of the property and assets have been inventoried and accounted for, the items are then appraised to determine their value. This appraisal step can also be completed in conjunction with the inventory process. 

The last basic elements of the probate process involve finalizing the deceased person’s accounts, such as debts or taxes owed. If and when there are remaining assets, these assets are then distributed according to the parameters outlined in the will. 

Contact Our 60194 Law Firm

The probate process can become confusing and emotional, especially if you and your loved ones are still going through the grieving process. Having a trusted probate attorney in Schaumburg, IL can make all the difference. Call our office today at (847) 845-9477 to learn how we can help streamline the probate process for your family. 

When you die, you will leave behind debts and assets that your surviving family members will have to deal with. It’s best for all concerned if you leave behind a will or an estate plan. A probate lawyer will help the survivors manage your estate once you are gone. They can also help in drafting a will or a living trust, create powers of attorney, or even serve as executor of your estate.

If you leave behind a will, a probate lawyer may be hired to ensure it is valid and was not signed under duress.

Responsibilities of a Probate Lawyer

A probate attorney might also be responsible for any of the following tasks:

  • Locating all of the decedent’s assets
  • Having all of the decedent’s assets valued
  • Managing life insurance proceeds
  • Handling bills and debts
  • Dealing with tax returns
  • Managing bank accounts for the estate
  • Filing court documents as needed

Contact our Schaumburg Law Firm

If you die without leaving behind a will, your assets will be divided according to state laws, and a probate attorney might also be hired to handle the distribution of property. Contact Robert M. Kaplan, an experienced probate lawyer in Schaumburg, IL, if you have questions about wills, trusts, or any other end-of-life legal matters.

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