Probate and Estate Administration
The legal process that follows the loss of a loved one can be overwhelming. Two services often needed during this time are probate and estate administration—distinct yet interconnected processes that help ensure a person’s estate is distributed according to their wishes or state law.
What is probate?
Probate is the legal process through which a deceased person’s will is validated and their estate is formally administered under court supervision. If the person had a valid will, the court reviews it to ensure it meets legal requirements and properly reflects their final intentions. If no will exists, the estate is still subject to probate, and the court will determine how assets are distributed based on state laws.
The probate process may include:
- Validating the will (if there is one)
- Appointing a personal representative or executor
- Identifying and inventorying the person’s assets
- Paying outstanding debts, taxes and expenses
- Distributing remaining assets to rightful heirs or beneficiaries
While probate can be an emotional or lengthy process, it serves as an important safeguard to ensure transparency, fairness and legal compliance.
What is estate administration?
Estate administration refers to the broader task of managing and settling a deceased person’s estate. It encompasses many of the same responsibilities as probate—such as identifying assets, paying debts and distributing property—but may also apply to estates that are held in trusts, involve joint ownership or designate named beneficiaries.
An estate administrator helps ensure the terms of the will are carried out in an efficient and expeditious manner, and works closely with the family to reduce conflict and provide clarity.
Their responsibilities may include:
- Locating and managing assets
- Notifying beneficiaries and potential creditors
- Filing necessary tax returns
- Ensuring debts are resolved properly
- Overseeing the distribution of property
At Stern Mendez, we understand that many families prefer to resolve estate disputes privately and amicably. While we are fully prepared to advocate in court when necessary, we also help clients explore alternatives to litigation, including family settlement agreements—customized, legally binding arrangements that allow beneficiaries and fiduciaries to resolve disputes out of court. These agreements can preserve relationships, protect privacy, and result in more flexible and creative outcomes than a court might impose.
Why hire a Stern Mendez attorney?
Whether you need one of our attorneys to serve as an estate administrator or to guide you through probate, we’re here for you. Our compassionate and skilled team will help you navigate the intricacies of these processes—so you and your loved ones can focus on what matters most during a difficult time.
Contact Our Probate and Estate Planning Attorneys Today
For more information regarding wills, probate and estate administration in Chicago, the North Shore, DuPage County or surrounding suburbs, contact Stern Mendez. Request a free consultation online or call us at (847) 868-9584.
