Probate Attorney — Chicago & Chicagoland

At the same time you are trying to manage the emotional upheaval of losing someone close to you and perhaps making their final arrangements, you are expected to step in and make significant decisions in a short window about protecting their assets, paying their bills, and dealing with everything else left behind. You do not have to navigate this process alone.

What is Probate?

Probate is the legal process through which one identifies, gathers, and eventually distributes the assets of a deceased person and pays his or her liabilities. This collection of assets and debts is referred to as the "estate." The process may be carried out through the terms of a will, through state statutes where there is no will, or through some other valid written plan if one exists. The probate court oversees this process to ensure that the decedent's wishes are honored and that creditors are properly addressed.

Types of Probate

There are different kinds of probate procedures with specific requirements depending on the nature and value of the assets involved. The type of probate process required may vary based on whether the estate includes:

• Real property (a house or land)
• Bank accounts and certificates of deposit
• Life insurance policies
• Vehicles
• Stocks, bonds, and investment accounts
• Collectibles, art, and other potentially valuable personal property

Like almost everything else involving the law, what you have to do, when you have to do it, and in what order depends on the circumstances unique to your situation. An experienced probate attorney can help you understand which procedures apply to your case and guide you through every step.

How We Help

The attorneys at the Law Offices of Matthew Baysinger have experience helping family members answer the questions that frequently come up when a loved one passes leaving property behind. Common questions we help clients address include:

• Who do I have to notify? — We help you identify all parties who must be formally notified of the death and the probate proceedings.
• Who pays the mortgage? — We advise you on how to handle ongoing housing obligations and what options are available for the property.
• What do I do with the car? — We guide you through the process of transferring or disposing of vehicles titled in the decedent's name.
• Do I have to locate distant relatives? — We explain your obligations regarding heir notification and help you fulfill those legal requirements.
• Settling estate debts — We help you properly identify and settle all debts owed by the estate.
• Closing accounts — We assist with closing bank accounts, credit cards, and other financial accounts.
• Final tax returns — We coordinate the preparation and filing of any final tax returns required for the decedent and the estate.
• Reimbursing the administrator — Where possible, we help ensure that the estate administrator is reimbursed for out-of-pocket costs incurred during the probate process.

Our attorneys routinely answer these questions and others for families in similar circumstances and can guide you through every stage of organizing the estate's assets and liabilities.