![]() ![]() The court also decides how to distribute your probate assets in accordance with the state laws of intestacy and, if you have living minor children or dependents, appoint a guardian for you. ![]() If you die without a Will in Illinois, the court names the personal representative of your estate, who generally has the same duties as an executor who is named in a Will. What Happens If You Die Without a Will in Illinois? Notary : A person licensed by the state government to authenticate signatures on legal documents.Intestate Heirs : The persons who receive your probate assets when you die without a Will.Legatee : A beneficiary to whom a testator leaves assets in a Will.Probate Assets : Any property individually owned by the testator.Probate : The process of proving and accepting a Will as a valid public document in a court of law.Testator : The person making a Will in preparation for their dying (you!).Here are a few definitions to keep in mind: A guardian is someone you name to take care of your minor children after you die.Īs you go through this planning guide, it will be helpful to know some Will-related jargon. The executor carries out the financial wishes stated in your Will. To transfer the assets listed in your Will to other people, a court of law must first validate the Will through a process called probate.Ī Will allows you to appoint an executor and (in Illinois) a guardian over your minor children. What Is a Will?Ī Will is a legal document that directs the distribution of your assets when you die. Read on to learn how to make a Will and the considerations you’ll have to make in the process. Rest assured - with the right education and preparation - you can create a Will that will give you peace of mind and leave your estate in good hands. “I want to plan I just don’t know if I can make these decisions right now…” This sentiment is something our Chicago-based attorneys hear all the time. You know it’s important to plan for what will happen to your property, dependents and remains when you die, yet something holds you back.
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