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Probate law is the legal process by which a person’s wealth is transferred to heirs after death. The entire process is overseen by the courts and no matter how obvious it is that you are going to inherit property, you can not legally do so until a probate court says so. The purpose of probate is to protect all parties involved and ensure that property is distributed according to the wishes of decedents.

There are two types of probate estates contested and uncontested. Contested probate usually involves disputes between heirs over whether a decedent was improperly influenced while writing a will or whether a will is valid. For example, for a will to be valid, the person who is signing it must know what they are doing when it takes place. An individual who has a will prepared while in a nursing home because of severe dementia may not be able to create a legally valid will in Illinois, at least not one that wouldn’t face a stiff challenge upon their death. Most probate proceedings are uncontested.

If you die without a will you are said to have died “intestate.” If that happens then your property will be divided amongst your relatives depending on your marital status, number of children and who is still living at the time of your death.

The probate process involves collecting a decedent’s property including income from dividends etc., paying a decedent’s debt, resolving disputes if a decedent’s will is contested, and transferring remaining property to heirs. The process also involves paying off the debts of the person who died.

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