QUESTION

What state or court authorities must be contacted by the executor of a will in order to start the probate process?

Asked on Oct 15th, 2012 on Wills and Probate - Illinois
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1 ANSWER

Estate Planning Attorney serving Batavia, IL at Drendel & Jansons Law Group
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The Probate Act requires the executor to file the original Will in the local Circuit Court Clerk's office in the County in which the decedent (the person who passed) resided at the time of death. There is no timing requirement for the opening of the probate estate. You will need an attorney to handle the estate so that is the place I would start. You should seek an attorney who has a good reputation in your area. Ask other people for names and get some honest feedback. After you get the names, check out their websites, if they have them. Find out as much as you can. Make sure they list probate as a practice area. If they are listed in Lawyers.com, check out their peer rating and, more importantly, their client rating. If you can find someone with an AV rating, you know they are well thought of by others. an AV rating is difficult to achieve. It usually takes years so you know that person has experience as well. A BV rating is not bad either, and it may mean nothing more than the person is still relatively young and has not built up the kind of reputation that an AV rating indicates. The most important thing is the experience that the clients have. If their clients give them good reviews, then you can be reasonable assured that you are in good hands. This answer is not intended to create an attorney/client relationship or to be considered legal advice. It is a general statement of legal principals. Specific advice should be sought with a local attorney. Kevin G. Drendel   
Answered on Oct 16th, 2012 at 9:47 AM

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