Probate can be a confusing and overwhelming process, especially during a difficult time when you're mourning the loss of a loved one. Unfortunately, there are many common misconceptions about the process that can make things even more complicated. In this blog post, we'll discuss some of these misunderstandings and clear up any confusion you may have about Illinois probate.

Probate Misconception 1

All assets must go through probate when I die This is one of the most common misconceptions about probate. Assets that have named beneficiaries, such as life insurance policies, retirement accounts, and bank accounts with payable-on-death designations, do not need to go through probate. Instead, they pass directly to the named beneficiaries outside of the probate process. Assets that are jointly owned with the right of survivorship will also pass directly to the surviving owner, without the need for probate.

Probate Misconception 2

If I have a will, my estate doesn't go through probate While having a will can make the probate process easier for your loved ones, it does not eliminate the need for probate. A will is simply a document that outlines your wishes for how your assets should be distributed after you die. Your executor will still need to go through the probate process to validate the will and distribute your assets to your beneficiaries.

Probate Misconception 3

If I don't have a will, my estate doesn't go through probate If you die without a will, your estate will go through the probate process, but the distribution of your assets will be guided by the laws of intestacy in Illinois. These laws dictate who will receive your assets, and in what proportions, based on your surviving relatives.

Probate Misconception 4

My agent under power of attorney can deal with probate court An agent under power of attorney is authorized to act on your behalf while you are still alive, but their authority ends upon your death. They cannot deal with probate court on your behalf, as this is the responsibility of your executor or administrator.

How can an attorney help?

An experienced attorney can help guide you and your loved ones through the probate process, ensuring that all necessary steps are taken to distribute your assets according to your wishes. They can also help you manage any disputes that may arise during the process.

We hope this blog post has helped clear up some of the most common misconceptions about the Illinois probate process. If you need help navigating this complicated process, Frank Stepnowski Law is here to assist you. We have extensive experience helping Illinois residents with a wide range of probate matters, and we're committed to providing compassionate, personalized service to each of our clients. Contact us today to learn more about how we can help you and your family.