Losing a family member brings profound grief, and with it, unexpected legal responsibilities. At Hawbecker & Garver, LLC, we know this transition feels heavy for you and your family as you seek to honor their legacy, pay their final obligations, and distribute their assets properly. We handle probate and estate administration matters with great sensitivity because we focus on your peace of mind. Our team takes on the legal burdens so you can focus on your family.
When an individual dies (a “decedent”), certain assets automatically transfer upon the decedent’s death, such as joint survivorship property, payable on death accounts, transfer on death property, most life insurance and retirement benefits, and trust assets (these are all non-probate assets). Assets that don’t pass by one of these methods must go through the probate process to be distributed. Many people die in possession of both probate and non-probate assets, all of which generally require documentation to complete the transfer. Hawbecker & Garver, LLC is experienced at counseling individuals on their options regarding probate and non-probate proceedings and assisting with the process in Illinois.
The purpose of the Probate Process is to ensure the probate assets are collected, maintained, and distributed among the decedent’s heirs, beneficiaries, and/or creditors according to the direction of the decedent as expressed through a will and the laws of Illinois. This process is known as the administration of a decedent’s estate. If the person had a trust, the administration process can usually be handled without court involvement, according to the terms of the trust and Illinois law.
Stepping into the role of an executor or administrator requires careful attention to detail, as your primary responsibility is to act in the best interests of the estate and its beneficiaries. This responsibility demands honesty and accurate records of all financial transactions.
The responsibilities of an executor include a specific set of tasks:
Managing these assets and debts takes time and organization. We support you through these tasks so you feel confident in your role. Clients express great relief when they have experienced professionals guiding them through these duties.
The legal system presents many strict deadlines and filing requirements, and an experienced attorney helps you manage these obligations efficiently and accurately. Hawbecker & Garver, LLC, can help guide families through the probate or trust administration process in Illinois. We bring clarity to the process and help prevent costly mistakes.
Legal support provides significant benefits for families grieving a loss. Our team communicates with creditors, prepares court documents, and answers your questions directly, providing you with steady, principled representation that minimizes stress.
Our formula for satisfaction is simple: we focus on our clients. We measure our performance by our clients’ success, and our team is dedicated to providing the reliable advice you need to close the estate properly.
Probate and estate administration require careful attention and dedicated support. Establishing a clear plan protects your wealth and prevents unnecessary difficulties for the people you care about most. A well-executed estate plan honors your wishes and provides lasting security for your beneficiaries.
You deserve a legal partner who understands your goals and treats your family with respect, and we are committed to making this transition as manageable as possible. Contact Hawbecker & Garver, LLC to schedule a consultation. We are ready to help you protect your legacy and support your family through every step of the process.
Probate is the court process for settling a person’s estate after they pass. Assets that don’t pass by some other method (such as trusts, joint ownership, beneficiary designations) generally must go through the probate process.
Probate takes a minimum of six months, but it’s rare to be done with the process that quickly. On average, it’s a year to a year and a half. In some cases, it can last much longer.
No! Generally, the attorney will go into court on the executor’s behalf. The executor would only be required to appear in person if required by the court in rare circumstances (for example, the executor fails to comply with previous court orders).
No! Probate is a legal process that requires an attorney. The executor/administrator has an obligation to heirs, legatees (people named in the will), and creditors. Unless the executor is a licensed attorney, they must hire an attorney to help with the process.
Probate costs can vary widely based on the complexity of the estate, various issues that might arise throughout the process (such as with creditors or heirs), and how much assistance the executor needs. We charge hourly for probate estates.
I worked with Melissa on an estate plan/trust. She was wonderful-efficient, capable, and made a daunting process easier and less intimidating. Every person I have had contact with has been...
If you have any estate planning needs, I highly recommend Hawbecker & Garver. Melissa is the BEST! She explained everything and at a pace that worked with me. Additionally, Rebecca...
Hawbecker & Garver was great and Melissa helped us through the entire estate planning process. Would highly recommend!!
This firm is solid from real estate to estate planning. They're on the cutting edge with all the new laws and are on top of every transaction. On top of...
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We worked with Mr. Hawbecker and Kirk Langefeld through the recommendation of our broker. The recommendation was well deserved. The two gentleman worked in conjunction which ensured that it seemed...
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