Probate Attorney for Joliet, Frankfort, Will County, and the Surrounding Communities

Illinois probate attorney Ryan Hejmanowski has more than 19 years of legal experience. He helps estate administrators and personal representatives through the entire probate process of administering and closing estates for both those who die with wills and those who die intestate. He often assists in creating agreements among beneficiaries in matters where the distribution of assets is not clear, and he provides a free consultation for administrators and personal representatives needing an experienced Illinois probate lawyer.

Navigating probate in Illinois can be overwhelming for those unfamiliar with the process. As an experienced Will County probate lawyer, I guide executors, administrators, and personal representatives through every stage of probate to ensure that estates are settled as efficiently and smoothly as possible, and provide the legal support to personal representative fulfill their obligations.

I and my firm are available to serve clients in Joliet, Tinley Park, Frankfort, Mokena, New Lennox, Matteson, Park Forest, Chicago Heights, and Orland Park, as well as DuPage, Will, Cook, and Kankakee Counties.

I invite you to call me today at 708-279-4050 for a free consultation to discuss how I can help you with the probate process.

How I Help Executors, Administrators, and Personal Representatives

If you are serving as an executor, administrator, or personal representative for the first time, you likely will have many questions such as:

• My mother left the house to all three kids – what happens now?
• How will family heirlooms of sentimental value be divided when they are not specifically mentioned in the will?
• My father did not leave a will – how will his assets be divided?
• What are my legal duties if I’ve been named executor?
• How do estate creditors get notified and paid?
• What needs to be done to properly close an estate?

As a probate attorney, I provide answers to these questions and guide personal representatives through their legal responsibilities. I assist with identifying and safeguarding assets, coordinating with accountants to prepare tax returns, ensuring creditor notifications are made, evaluating debts so that the legitimate debts can be paid, and guiding the distribution of assets under Illinois law.

Most importantly, I am available to address the questions that inevitably arise during probate. Having a probate lawyer in Will County by your side ensures that you are not left to navigate these duties alone.

What Is Probate?

Probate is the legal process by which a deceased person’s estate is settled: either independently from, or under, court supervision. This typically includes filing the will, inventorying property, determining the estate’s value, paying debts and taxes, and distributing remaining assets to heirs or beneficiaries.

In Illinois, probate is governed by the Illinois Probate Act of 1975¹. Probate is required when the estate includes real estate not held jointly or in trust, or when the estate’s assets exceed $100,000.

What Is the Difference Between an Heir and a Legatee?

Under Illinois law, heirs are individuals who inherit by statute when there is no will. For example, spouses, children, parents, and other blood relatives are considered heirs. If a person dies intestate (without a will), heirs inherit according to Illinois intestacy law².

Legatees, on the other hand, are those specifically named in a will to receive property. Legatees may include family members, friends, or charitable organizations. Understanding the difference is important because heirs may inherit in the absence of a will, while legatees only inherit if they are named.

How Long Does Probate Take in Illinois?

Illinois law requires probate estates to remain open for at least six months to allow creditors time to file claims³. Most estates take between six months and one year to complete, although complex estates involving businesses, real estate, or contested wills may take longer.

A probate lawyer can help expedite the process by ensuring required filings, notices, and distributions are completed correctly and on time.

Are Executors and Administrators the Same Thing?

Executors and administrators serve similar roles but are appointed differently.

• An executor is named in a decedent’s will and confirmed by the court.
• An administrator is appointed by the court when someone dies without a will.

Both serve as personal representatives and carry out the legal duties of managing the estate. Executors and administrators turn to probate attorneys to help ensure they meet all obligations under Illinois law.

How Does the Probate Process Work in Illinois?

The probate process generally involves:

1. Filing a petition in probate court to open the estate.
2. Appointing an executor or administrator.
3. Inventorying and valuing assets.
4. Notifying heirs, beneficiaries, and creditors.
5. Paying valid debts, final taxes, and ensuring that a final tax return is filed.
6. Working with personal representatives to resolve any issues that may arise regarding the estate; such as how to distribute assets if there is no will.
7. Distributing the assets remaining after all debts have been paid to heirs or beneficiaries.
8. Filing final documents with the court and closing the estate.

Even with a will, probate is often necessary to legally transfer property and provide clear authority for the executor to act⁴. A probate lawyer ensures that each step is handled properly and that the estate is closed without unnecessary delays.

What Are the Duties of a Personal Representative in Probate?

The duties of a personal representative in Illinois typically entail:

• Accounting for all assets. For an estate to be settled, all assets must be inventoried and valued.  Assets include not only physical assets (household items, cars, etc.), but also financial assets (stocks, bonds, etc.).  In some cases, assets may even include intangible assets, like the right to potential proceeds in a lawsuit.
• Preserving Assets. Once the assets are identified, the personal representative must ensure that assets are not destroyed, diminished, or neglected.  As such, day-to-day activities and maintenance must be carried out to protect assets.  This can include making mortgage and insurance payments and hiring individuals to maintain real property.  Every expense must be documented so that a full accounting of the estate is maintained.
• Notifying heirs and creditors.Illinois law requires that notice be given to all potential heirs and creditors.  This legally mandated practice is designed to provide adequate opportunity for individuals to make a claim to estate assets before any distributions are made.  Under Illinois law, creditors have six months to file claims; if the deadline is missed, they will be unable to collect from the estate.^[3]  I assist personal representatives in making these legally required creditor notifications.
• Paying debts. After the valuation of an estate has been completed, valid creditors must be paid before any assets can be distributed to beneficiaries.  If you have questions regarding whether a creditor has a valid claim, I can assist in evaluating the claim.
• Filing tax returns. Final estate and income taxes must be submitted.  At RNH Law, I regularly work with third-party accountants and can refer you to a qualified tax professional who can prepare and file final tax returns and assist with the submission of all other required tax forms.
• Distribute assets to beneficiaries or heirs. It can be challenging to determine who is entitled to inherit property, especially in the absence of a will or if a will does not account for specific property.  I help personal representatives determine the proper distribution of assets, and often work with them to create agreements among beneficiaries or heirs that specify how assets will be divided in the absence of clear guidance in a will.
• Prepare legal transfer documents. As part of the process, I prepare real estate deeds and other legal transfer documents.
• File court documents and close probate. Once all assets are distributed, documents must be filed with the court to close probate. I will prepare all necessary paperwork for the personal representative to conclude estate administration.

Because personal representatives may be held legally accountable, working with a probate attorney ensures compliance and reduces the risk of liability.

Can I Avoid Probate in Illinois?

Sometimes.

In Illinois, probate can sometimes be avoided by submitting an Illinois Small Estate Affidavit.^[4]  This Affidavit was designed to allow a decedent’s heirs to process a small estate with minimal court involvement.   To be eligible to bypass probate, the following conditions must be met:

• The probate assets must be less than $100,000;
• The probate assets must not include real estate;
• No letters of office (a document appointing an executor per a decedent’s will) have been issued; and,
• There is no heirship dispute.^[5]

If you are unsure if these qualifications have been satisfied, I can assist in evaluating eligibility and, if possible, submit a Small Estate Affidavit to avoid probate.

What Happens With Estate Taxes During Probate?

When a person dies, their estate becomes a separate taxable entity. Executors or administrators must obtain an IRS Tax ID for the estate and file necessary returns. In Illinois, estates valued at more than $4 million must also file a state estate tax return⁸.

A probate lawyer works with accountants to ensure that all required tax filings are submitted on time and that beneficiaries are not delayed by tax complications.

If I Am an Executor or Personal Representative of an Estate, Can I Be Held Personally Liable for Estate Debts?

No.  A decedent’s estate is responsible for paying all debts of the decedent, not the executor or administrator.  It is the personal representative’s job to gather, inventory, and safeguard the estate.  If enough cash is not available to satisfy outstanding debts, property and other assets must be sold. Even if the estate has insufficient funds to cover debts, the representative will never be personally liable for the debts of the decedent.

However, these principles do not relieve the personal representative of liability arising out of their wrongful actions. For example, if the personal representative distributes assets out of the estate to beneficiaries before all debts are discharged, the personal representative can be liable for distributing assets prior to paying all debts.

When there are not sufficient assets to fully pay all debts, I advise personal representatives about which creditors should be paid and how much they should receive based upon their claim and other legal considerations.

How Do I Assign a Value to Sentimental Personal Items?

Illinois intestacy law requires that beneficiaries receive an equivalent share of the property, which is calculated based on fair market value.  While investments, money, and bank accounts can easily be valued, heirlooms and other sentimental items may have little to no market value.

When an estate is comprised of sentimental items, a family settlement agreement can be utilized to distribute assets amicably.  As an experienced probate and estate administration attorney, I can assist in the division of both financial and sentimental assets, as well as prepare a settlement agreement that will protect a personal representative.

Call RNH Law to Speak With a Probate Attorney for Joliet, Frankfort, Will County, and Nearby Towns

Probate can be stressful and time-consuming, particularly for executors and administrators who are unfamiliar with the process. At RNH Law, I work directly with clients to guide them through probate from start to finish.

If you are searching for an experienced probate lawyer or probate law firm near Joliet or Frankfort, call 708-279-4050 today to schedule your free consultation.