In West Chicago, Illinois, probate is the process in which a court validates or voids a will.

During probate, the court in West Chicago, Illinois will determine the validity of the will, identify and inventory the decedent's assets, account for the decedent's debts and back taxes, and distribute the decedent's property, among other things.

Wills typically name the person who is to serve as executor of the estate. If no executor is named, the West Chicago, Illinois court will appoint an executor. This is typically the person who stands to gain the most if the will is found to be valid.

The main duty of the executor is to serve as the living incarnation of the estate. Their job is to initiate probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will typically 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 West Chicago, Illinois

Executors of estates have a various distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be completed before the property in an estate can be released according to the terms of the will.

The executor also has to give those with a direct interest in the will notice that the decedent has died, by filing an official death certificate.

If the decedent was even moderately well-off financially, it's likely that they'll have substantial amounts of both debts and assets. The executor is tasked with drafting an accurate accounting of the debts and assets of the estate, so as much of the decedent's debts can be paid off as possible.

Moreover, the executor is required to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.

How Can A West Chicago, Illinois Lawyer Help?

Because this process can be fairly intricate, it is not a bad idea to consult with a knowledgeable probate lawyer in West Chicago, Illinois, especially if you find yourself as the executor of an estate and don't know how to proceed.