In Cook County, Illinois, probate is the process through which a Court decides if a will is valid or not.

As part of this procedure, the court in Cook County, Illinois has several important responsibilities. Most especially, it has to decide if the will is valid, and consider evidence that it is not (if any such evidence exists). The probate court then has to guarantee that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.

Wills usually name the person who is to serve as executor of the estate. If no executor is named, the Cook County, Illinois court will appoint an executor. This is usually the person who stands to gain the most if the will is found to be legitimate.

The general duty of the executor is to serve as the living incarnation of the estate. Their job is to commence probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will usually be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.

Duties of the Executor in Cook County, Illinois

The executor has several duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be finalized before the will is given effect.

They also are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.

Executors are also required to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.

Furthermore, the executor is required to take a leading role in proving the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.

How Can A Cook County, Illinois Lawyer Help?

Because this can be (though isn't always) a fairly perplexing process, it's a good idea to get a reputable probate lawyer in Cook County, Illinois, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.