Whether a probate estate is necessary or unnecessary, our firm represents executors, administrators, trustees, and depending on the circumstances, family members or other persons in the administration of estates and trusts.

Paul F. O'Keefe, P.C. can simplify the administration of your loved one's estate.  Depending upon the decedent's planning, the nature of the estate, and the current probate laws, the decedent's estate may or may not need to be administered through the probate court.

In any situation, after a loved one passes away, you must promptly file all wills with the Clerk of the Circuit Court of the decedent's county, and take action to preserve the decedent's assets for proper distribution (consult Will, Trusts & Probate FAQ for more information).  If probate of a will is necessary, we represent executors in the opening, administration, and distribution of the estate.  If there is no will and probate is necessary, we also assist clients in the appointment of an administrator.  We can also serve trustees in the administration and distribution of trusts.

The administration of an estate includes the transfer of real estate, investments, personal property, and other assets to the proper individuals, and handling the estate's legal matters.

Opening a probate estate for your loved one may be beneficial to deal with creditors and the distribution of the decedent's assets in a systematic fashion.  Without probate, creditors have two (2) years to make a claim against the decedent's assets.  Under probate, creditors may be limited to a six (6) month period to bring their claim.  This allows peace of mind for you and your family and the full distribution of the decedent's assets in a timely manner.

Probate may not be necessary if the decedent did not own any real property and owned less then $100,000.00 in personal assets.

A probate estate may be opened in Illinois if, at the time of death, the deceased resided in Illinois and/or owned any real estate or held any personal property in Illinois.  Therefore, depending upon the circumstances, you may consider opening a non-Illinois resident's estate in Illinois even if the deceased only had a small amount of personal property in Illinois.

For answers to additional estate administration questions, please see the Wills, Trusts & Probate FAQ page or contact us.

We also assist clients who are contesting an estate.  Please see the Trust & Estate Litigation page.

If we can be of assistance regarding the loss of a loved one, contact our office, to arrange for your consultation.