QUESTION

If there is a will does it still go to probate?

Asked on Jan 30th, 2013 on Wills and Probate - Illinois
More details to this question:
My mom died 1/11/13 86 yrs old and she has a will, she has a house and car in just her name. The Will states that her 2 children divideds all proceeds 50/50. We, the 2 children are in agreement with everthing. The house is worth about $95000 and the car about $3000. Does this need to go to probate? Do we need a lawyer?
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1 ANSWER

Estate Planning Attorney serving Batavia, IL at Drendel & Jansons Law Group
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Based on the facts you have given, your mother's estate would be considered a "small estate". Small estates do not need to be probated; they can be handled through the device of a small estate affidavit, assuming that you can meet the criteria (no creditors). If you plan on selling the real estate, you must still pass good title to the buyer. Many title companies will insure title to a buyer with the right documentation and and a bond in lieu of probate (an extra fee). I usually do a family settlement agreement signed by all of the heirs and legatees (other people named in the Will) to protect all the family members. Answer is not meant to establish an attorney/client relationship or to be taken as legal advice to be relied upon in your specific situation. You should discuss your options with an attorney who can explore all of the facts and give you specific advice.
Answered on Jan 31st, 2013 at 8:35 PM

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