When a loved one passes away, families are often left not only with grief but also with the legal responsibility of managing the estate. From distributing assets to settling debts, probate can be overwhelming, especially when emotions are high or conflicts arise. Without proper legal guidance, delays and errors can increase stress and financial risk.
Working with a probate lawyer can help ease the burden. An attorney ensures the estate is properly administered, assets are distributed correctly, and all legal requirements are met. With professional support, families can avoid costly mistakes and stay focused on what truly matters.
At Berardi and Associates, we guide clients through every stage of the probate process. From simple filings to complex estates involving disputes or business interests, we provide experience, clarity, and responsive service tailored to your needs.
Understanding the Probate Process
Probate is the legal process for settling a deceased person’s estate through the court system. It includes verifying a will (if one exists), appointing a representative, identifying and valuing assets, paying debts and taxes, and distributing the remaining property to rightful heirs or beneficiaries.
Not all estates require probate. In Illinois, probate is typically necessary when the decedent owned real estate or had more than $100,000 in assets titled solely in their name. Even if there is a valid will, probate may be required to execute its terms. When no will exists, the estate is considered intestate and assets are distributed according to Illinois intestacy laws.
Executor and Personal Representative Duties
One of the first steps in probate is the appointment of an executor (if named in a will) or a personal representative (if not). This individual is responsible for:
- Filing the will with the probate court
- Notifying heirs and creditors
- Identifying and appraising estate assets
- Managing the estate during administration
- Paying debts, taxes, and expenses
- Distributing property to beneficiaries
These duties must be performed according to specific legal procedures and deadlines. Mistakes can result in personal liability or unnecessary conflict. Our firm provides legal support to help executors and representatives meet their responsibilities with confidence.
What Happens If There Is No Will?
If someone dies without a will in Illinois, their estate is distributed according to intestate succession laws. The court follows a fixed order of heirs, starting with the spouse and children, then moving to other relatives. Without a valid will, families may face confusion, disputes, or unintended outcomes. A probate attorney can explain your rights under Illinois law and help resolve any disagreements that arise during administration.
Probate for Real Estate and Business Interests
Estates involving real property, investment homes, or ownership in a business often require additional legal steps. Title transfers, business valuations, and real estate sales must be handled carefully to protect the estate’s value and avoid future problems.
We assist clients with deed transfers, property sales, business succession, and related probate matters. Our firm has the knowledge and experience to manage real estate and business assets within the probate process while ensuring compliance with Illinois law and alignment with the decedent’s intentions.
Frequently Asked Questions
How long does probate take in Illinois?
Most probate cases take between six months and one year. Complicated estates or legal challenges may take longer.
Do all estates go through probate?
No. Estates with less than $100,000 in assets and no real property may qualify for a simplified process using a Small Estate Affidavit. We can help determine whether this applies to your situation.
What happens if the will is contested?
If a will is challenged, the case becomes a contested probate. The court will review evidence and determine validity. Legal representation is critical in these matters.
Can an executor be removed?
Yes. If an executor fails to perform required duties or engages in misconduct, they may be removed by court order. We provide legal support to either challenge or defend an executor based on the facts.
Support for Families During a Difficult Time
Losing a loved one is difficult, and navigating legal procedures can make things even harder. Probate often adds confusion, delay, or conflict to an already emotional time.
At Berardi and Associates, we help families manage probate with clarity and efficiency. Our legal experience in estate planning, probate, and real estate matters allows us to guide clients through each step with skill and compassion.
If you are responsible for handling an estate in Illinois, contact us today to learn how we can help. You can also explore our complete list of legal services or return to our home page for more firm information.