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Aurora Probate Lawyer

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probate lawyer Aurora, IL

Recognized probate representation for clients throughout Aurora.

If you have recently lost a family member in Aurora, IL, and their estate needs to go through probate, you are facing court filings with rigid deadlines, creditor notification requirements, and tax obligations that must be handled in a specific order. The executor carries personal liability for mistakes made during the administration, which is why most families in this situation hire an attorney who can manage the process from petition to final distribution.

Kravets Law Group works with executors, administrators, heirs, and beneficiaries across Illinois who need a probate attorney to guide them through the process from beginning to end. Our Aurora, IL probate lawyer handles every phase of administration so families don’t have to figure it out alone while they’re grieving. Daniel Kravets has been practicing law since 2016 and opened the firm in 2020, and he personally manages every probate matter the firm takes on. We offer free consultations and transparent pricing for every engagement.

Probate Lawyer Aurora, IL

What exactly is probate, and does every estate have to go through it?

Probate is the court-supervised process where a judge validates a will, the decedent’s debts get paid from estate assets, and whatever remains is distributed to the people legally entitled to receive it. When there’s no will, Illinois intestacy laws dictate which family members inherit and in what proportions.

Not every asset goes through probate. Jointly held property transfers automatically to the surviving owner, retirement accounts pass by beneficiary designation, and assets already in a trust bypass the process entirely. For Aurora families dealing with an estate that does require probate, the scope of the work ranges from a single bank account that wraps up in a few months to a contested multi-property estate that stretches well over a year. Daniel Kravets has guided families through both ends of that spectrum, including contested estates in Cook County where heirs disputed how assets should be divided.

Types of Probate Cases We Handle in Aurora

The word “probate” covers a lot of ground that most people don’t expect until they’re in the middle of it. Here are the types of cases we take on for Aurora families.

  • Independent administration. The majority of Illinois probate cases go through independent administration, meaning the executor can make decisions without asking the court to approve each one individually. This cuts down on time and legal fees significantly, and it’s the path we pursue whenever the will and the beneficiaries allow it.
  • Supervised administration. Certain estates need closer court oversight, either because the will doesn’t grant independent authority or because a beneficiary has requested supervision. We represent executors and administrators in supervised proceedings and handle every motion and hearing that comes up.
  • Contested estates and will disputes. When family members disagree about the validity of a will or how assets should be divided, the estate becomes contested. We represent clients in will contests and distribution disputes, and we work toward resolution without extended litigation when the circumstances allow it.
  • Heirship proceedings. When someone dies without a will, Illinois intestacy law determines who inherits, but identifying and locating the rightful heirs can be surprisingly difficult in blended families or when relatives have been out of contact for years.
  • Estate accountings and inventories. Illinois requires executors to file a detailed inventory of estate assets within 60 days of appointment, and the court expects thorough accountings that track every transaction through the estate.
  • Creditor claims management. After the estate publishes notice, creditors have six months to file claims. We manage that publication, review every claim, and dispute any that appear inflated or invalid. Pre-death asset protection planning can reduce what creditors are able to reach.
  • Small estate affidavits. Illinois law allows certain smaller estates to transfer assets without formal probate through a small estate affidavit. We advise Aurora families on whether the estate qualifies.
  • Probate avoidance strategies. For families who want to spare their loved ones the probate process altogether, we create estate plans built around trusts, transfer-on-death instruments, and beneficiary designations. The benefits of trusts extend well beyond probate avoidance, including privacy and flexibility during the grantor’s lifetime.

Why Choose Kravets Law Group for Probate in Aurora, IL?

Probate Experience Across Multiple Illinois Counties

Daniel Kravets has administered estates in Cook County and the counties surrounding Aurora, including contested cases where heirs disagreed about distributions. He graduated from Drexel University Thomas R. Kline School of Law with his J.D. and holds bar admissions in Illinois, Pennsylvania, and New Jersey. He belongs to the Chicago Bar Association and the Lincoln Park Chamber of Commerce.

His approach focuses on preserving estate assets rather than burning through them in legal fees. When a dispute can be resolved through negotiation or mediation, that’s the path he recommends, and when it can’t, he litigates the matter with the goal of bringing it to an efficient conclusion. Aurora families who need help beyond probate can also work with our firm on wills and trusts and broader estate planning.

Transparent Fee Structure

Probate costs vary depending on the estate’s size and whether any disputes arise. We explain how we bill at the start of the engagement and provide estimates for court costs, filing fees, and publication charges before any work begins. Every potential client gets a free initial consultation where we walk through the process and give a candid estimate of what the administration will cost.

Understanding Probate Cases

Debts, Taxes, and Distribution in Illinois Probate

Several financial obligations must be addressed before any beneficiary receives a distribution, and the executor is personally responsible for making sure they’re handled in the correct order.

  • Debts and claims: Medical bills, credit card balances, funeral expenses, and any other valid debts get paid from the estate first. Creditors who don’t file their claims within six months of the published notice lose the right to collect from the estate.
  • Tax filings: The decedent’s final income tax return must be filed, and the estate itself may need to file a separate income tax return if it generates income during administration. Illinois imposes an estate tax on estates exceeding $8 million, and the federal estate tax kicks in at approximately $15 million per individual. The IRS publishes guidance on these thresholds and the associated filing deadlines.
  • Executor compensation: Illinois law allows an executor to receive reasonable compensation, though what qualifies as “reasonable” depends on the size and nature of the estate, the time required, and the executor’s professional background.
  • Distribution to beneficiaries: Only after all debts, taxes, and administration expenses are covered do the remaining assets go to the people named in the will, or to the statutory heirs if there is no will.

What Are Important Aspects of a Probate Case?

Timing causes more problems in probate than almost any other issue. The six-month window for creditor claims does not begin until the estate publishes notice, which means that an executor who delays publication is also delaying the entire administration. And executors who distribute assets to beneficiaries before all claims are resolved risk being held personally liable if the estate doesn’t have enough left to pay a valid creditor.

Real estate inside the estate creates its own complications. A house in Aurora might need to be sold before distribution, or transferred directly to a beneficiary, and each option carries different tax consequences depending on whether the administration is independent or supervised. We also regularly see cases where a family member set up a trust but never finished funding it, which means assets that were supposed to avoid probate end up going through it anyway because the titles were never changed.

Executors should know that Illinois permits interested parties to petition the court for an executor’s removal if fiduciary duties aren’t being met.

What Is the Probate Case Timeline?

A straightforward probate case in Illinois takes at least six months because of the mandatory creditor claims period, and many administrations run nine months to a year. Contested cases can take significantly longer.

  • Petition and will validation: The executor files a petition with the probate court and presents the original will for review.
  • Letters of office: The court appoints the executor and issues letters of office, which authorize the executor to act on behalf of the estate with banks, title companies, and other third parties.
  • Creditor notification: The estate publishes notice in a local newspaper, and the six-month claims period begins.
  • Asset inventory: Within 60 days, the executor files an inventory listing all estate assets and their estimated values.
  • Debt and tax payment: Valid creditor claims get paid and required tax returns are filed.
  • Final distribution and closing: After every obligation has been satisfied, remaining assets go to the beneficiaries and the court closes the estate.

What Should You Bring to Your Probate Consultation?

Before your first meeting with our office, gather the following materials if they’re available to you:

  • The original will, along with any trust documents or powers of attorney the decedent may have had
  • A certified copy of the death certificate
  • A list of the decedent’s major assets, covering real estate, bank accounts, investments, retirement accounts, vehicles, and life insurance
  • Documentation of outstanding debts, including mortgages, medical bills, and credit card statements
  • Names and contact information for all known beneficiaries, heirs, and anyone else who may have an interest in the estate

Assembling this ahead of time allows us to give you a concrete timeline and a realistic cost estimate at the first meeting.

What Are Important Illinois Legal Resources for Probate Cases?

Illinois probate is governed by the Probate Act of 1975. The following resources provide helpful background for executors and beneficiaries.

Reach Out to Kravets Law Group to Schedule a Consultation

If you need a probate attorney in Aurora, Kravets Law Group is ready to help. We offer a free initial consultation where we review the estate, outline the steps ahead, and explain what the engagement will cost. Daniel Kravets personally handles every probate matter the firm takes on, and he walks executors through each phase so nothing gets missed. Contact us to schedule your free consultation.

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