Product Liability

The term “probate” is actually used in different ways. Probate refers to the act of presenting a will to a court officer for filing. It also refers to the method in which an estate is administered and processed through the legal system after a death. The probate process assists in the transferring of an estate in an orderly and supervised manner, since all estates must be dispersed in a certain manner. For example, all debts and taxes must be paid any beneficiaries receive their inheritance. The probate process acts as a guide for the orderly transfer of an estate from the deceased to the heirs. All estates go through the probate process regardless if there is or is not a will. If there is a valid will, that will determines how an estate is transferred and to whom. If there is no will or if the deceased is partially intestate, where only part of the estate is covered by a valid will, local laws specify who gets what parts of the estate.

Basically, the probate process involves two steps:

• It pays any outstanding
• It transfers assets to any beneficiaries

A state court called the probate court oversees the probate process. Since these are state courts, as opposed to federal courts, the processes they follow vary among the states. Despite their differences, the same basic processes are followed:

• Swearing in your personal representative
• Notifying heirs, creditors, and the public that you are, indeed, dead
• Inventorying your property
• Distributing your estate (including paying bills and any taxes)

Some probate processes can be relatively straightforward, while others can be particularly complicated. While you are still healthy, you should contact a knowledgeable probate lawyer from Fitzpatrick & Harrop to prepare your valid will. If, however, someone close to you has recently passed away and you have concerns as to the probate process, you really need an experienced and compassionate attorney from Fitzpatrick & Harrop.

In Chicago, call 312-553-2200; in Grundy and LaSalle Counties, call 815-942-0071 (Morris).