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 owning both probate and non-probate assets, all of which generally require some type of 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 generally happens without any court involvement as expressed through a trust and the laws of Illinois.
Hawbecker & Garver, LLC, can help guide families through the probate or trust administration process in Illinois.