Probate Lawyer in Illinois & Wisconsin

A Loved One Passed Away. What Happens Next?

Losing someone you love is difficult enough. Having to figure out what happens to their home, accounts, property, debts, and other assets can make an already difficult time feel overwhelming.

If you’ve been named an executor, administrator, trustee, or you’re simply a family member trying to understand what needs to happen next, you may have a lot of questions about probate.

You don’t have to figure it all out on your own.

At Lexern Law Group, we help families navigate probate and estate administration in Illinois and Wisconsin. Our goal is to make the process easier to understand, help you stay on top of what needs to be done, and give you a clear path forward.

What Is Probate?

Probate is the court-supervised process used to administer certain assets and settle the affairs of someone who has passed away.

Depending on the circumstances, probate may involve:

• Proving the validity of a will
• Appointing an executor or administrator to handle the estate
• Identifying and valuing assets
• Paying valid debts and expenses
• Addressing applicable taxes
• Resolving creditor claims
• Distributing assets to beneficiaries or heirs
• Completing the necessary court filings and requirements

Not every estate needs to go through probate, and the process can look different depending on how the person’s assets were owned, whether they had a will or trust, and the circumstances of the estate.

That’s why the first step is understanding what you have, what you don’t have, and what needs to happen next.

Do I Need Probate?

One of the first questions families ask after a loved one’s death is whether probate is actually necessary.

The answer depends on the circumstances.

Assets owned solely in the deceased person’s name may need to go through probate before they can be transferred to the appropriate beneficiaries. Other assets may pass outside of probate because they are jointly owned, have a beneficiary designation, are held in a trust, or qualify for another method of transfer.

Real estate can also create additional considerations, particularly when property is owned in an individual’s name.

Because every estate is different, there isn’t one simple rule that determines whether probate is necessary.

If you’re unsure whether an estate needs to go through probate, that’s a good question to discuss with a probate attorney before taking action.

How Is Probate Started in Illinois or Wisconsin?

Probate is generally started by filing the appropriate documents with the court in the county where the deceased person lived or where the estate is otherwise subject to probate.

If there is a will, the person named as executor will typically take the lead in beginning the process, assuming they are willing and legally able to serve.

If there is no will, an eligible person may petition the court to be appointed as the estate’s administrator.

The exact requirements and procedures depend on the circumstances and the state involved.

A probate attorney can help determine which court filings are required, what documents you’ll need, and what steps should happen next.

What Does an Executor Do?

Being named as an executor is an important responsibility—and it can be a lot to take on, especially when you’re also dealing with the loss of someone you love.

An executor may be responsible for tasks such as:

• Locating and reviewing important documents
• Identifying the deceased person’s assets and liabilities
• Determining which assets are subject to probate
• Communicating with beneficiaries and creditors
• Paying valid debts and expenses
• Addressing tax matters when applicable
• Keeping accurate records
• Distributing assets according to the will or applicable law
• Completing required court filings

The executor has a responsibility to act appropriately on behalf of the estate and its beneficiaries.

If you’ve been named executor and aren’t sure where to start, getting guidance early can help you avoid unnecessary delays or mistakes.

How Is the Executor Chosen?

If the deceased person had a valid will, the person named in the will generally has priority to serve as executor, assuming they are eligible and willing to take on the responsibility.

If that person cannot or does not want to serve—or if there is no will—the court may appoint an administrator according to the applicable state law.

If you’re unsure who should handle an estate or whether you are able to serve, an attorney can help you understand your options.

Can an Executor Be Personally Liable for a Mistake?

Serving as an executor is a serious responsibility.

Executors and administrators have legal duties to the estate and its beneficiaries. Failing to properly handle estate assets, distributions, debts, taxes, or required filings can create problems for the estate and, in some circumstances, expose the person serving as executor to personal liability.

That doesn’t mean you should be afraid to serve as executor.

It means you should understand your responsibilities and ask questions when you’re unsure.

If you’ve been named executor and don’t know what you’re supposed to do, getting legal guidance early can help you move forward with confidence.

How Does an Executor Get Paid?

Executor compensation is governed by the applicable state law and, depending on the circumstances, the terms of the will and the court’s requirements.

The rules can differ between Illinois and Wisconsin, so the amount and method of compensation should be evaluated based on the specific estate.

If you’re serving as an executor and have questions about compensation, expenses, or what you can and cannot pay from estate assets, we can help you understand the rules that apply to your situation.

What Assets Are Subject to Probate?

A person’s assets don’t all necessarily go through probate.

Generally, assets owned solely in the deceased person’s name may be subject to probate.

Other assets may pass outside of probate, including certain assets that:

• Are jointly owned with rights of survivorship
• Have a valid beneficiary designation
• Are held in a properly structured trust
• Have a transfer-on-death or similar designation

However, the details matter.

For example, simply having a beneficiary listed on an account does not necessarily answer every question about how an asset will be handled after death.

The way an asset is titled and the documents governing it matter.

If you’re helping settle an estate, one of the first things to determine is which assets actually need to go through probate and which can be transferred another way.

My Loved One Had a Trust. Do We Still Need Probate?

Not necessarily.

One of the reasons people create trusts is to allow certain assets to pass to beneficiaries without going through probate.

But simply having a trust document doesn’t automatically mean probate will be avoided.

One of the most common issues families discover after a loved one’s death is that some assets were never transferred into the trust. In other situations, an asset may have been intentionally left outside the trust or may require a different process.

That’s why it’s important to look at how the estate plan was actually implemented—not just whether a trust document exists.

If your loved one had a trust and you’re not sure what happens next, we can help you understand how the trust and other assets fit together.

What Happens If There Is No Will?

If someone dies without a valid will, they are considered to have died intestate.

In that situation, the person’s estate is generally distributed according to the intestacy laws of the state that applies to the estate.

Those laws determine which family members may inherit and in what order.

That can be very different from what your loved one may have wanted.

For example, family circumstances such as a marriage, children from a prior relationship, or other family relationships can make the outcome more complicated than people expect.

If someone in your family passed away without a will, it’s important to understand the applicable rules before assuming who is entitled to inherit.

How Long Does Probate Take?

There isn’t one timeline that applies to every probate case.

The length of the process can depend on:

• The size and complexity of the estate
• Whether there is a valid will
• Whether the estate includes real estate
• Whether creditors make claims
• Whether taxes need to be addressed
• Whether beneficiaries agree
• Whether there are disputes or other complications
• The court’s requirements and schedule

Some estates can be relatively straightforward. Others take considerably longer.

Our role is to help keep the process organized, address issues as they arise, and help move the estate forward as efficiently as possible.

Is Probate Expensive?

Probate costs vary depending on the estate and the work involved.

There may be court costs, attorney fees, accounting expenses, appraisal costs, taxes, and other expenses associated with administering an estate.

The important thing is to understand what is actually required for your situation rather than assuming every estate will have the same costs.

A probate attorney can help you understand the process, identify potential complications, and determine what needs to be done.

What If There Is a Dispute Over the Estate?

Sometimes estate administration is straightforward. Sometimes it isn’t.

Disagreements can arise over a will, beneficiaries, ownership of assets, distributions, or the actions of an executor or trustee.

Lexern Law Group focuses on estate planning, probate, and trust administration. We can help you understand your legal options and responsibilities when administering an estate.

If a matter involves contested litigation or a court dispute outside our scope of services, we can help determine whether another type of legal representation is appropriate.

How to Choose a Probate Lawyer

Choosing a probate attorney isn’t just about finding someone who knows the law.

You want someone who will listen to your situation, explain what’s happening in a way you can understand, and help you make informed decisions.

Look for an attorney who:

• Has experience handling probate and estate administration
• Understands the laws applicable to your estate
• Communicates clearly
• Takes the time to answer your questions
• Understands that every family and estate is different
• Helps you understand what needs to happen next

And remember—you don’t necessarily have to use the attorney who originally prepared your loved one’s estate plan.

The right attorney is the one you trust to help you through the process.

A Different Approach to Probate

At Lexern, we don’t believe in making an already difficult situation more complicated.

Our approach is client-centered and practical.

We take the time to understand your situation, explain what you’re dealing with in plain language, and help you understand the decisions that need to be made.

We’re not here just to move paperwork through a court system.

We’re here to help you understand what’s happening, protect the interests of the estate and its beneficiaries, and move through the process with as little stress and uncertainty as possible.

That’s part of what makes Lexern different.

Need Help With Probate?

If you’ve recently lost a loved one and aren’t sure what to do next, you don’t have to figure it out alone.

Whether you’re serving as an executor, dealing with a trust, trying to determine whether probate is required, or simply have questions about what happens next, we’re here to help you understand your options.

Contact Lexern Law Group to schedule a consultation.

Our probate attorneys serve families throughout Northern Illinois and Southeastern Wisconsin, including Lake County, Cook County, Milwaukee, Racine, Kenosha, and surrounding communities.

Call Us: (847) 777-6838 (IL) | (414) 810-7070 (WI)