Practice Areas

Central Illinois Probate Lawyer

Probate is merely a legal process by which a decedent’s last will and testament is proved and his or her assets and debts distributed and paid as required by law.

A court order triggers the following:

  • Admission of the will to probate
  • Providing legal notices to all interested parties
  • Publishing in a local newspaper of a claim notice to advise creditors of the pendency of the probate proceedings

Detailed records are kept by the executor to account for the steps taken to settle the decedent’s estate. It is not the nightmare some make it out to be.

At Michael T. Mahoney, Ltd. the standard procedure is to request independent administration whenever possible. As a result, costs are lowered and court supervision is not required for most estates handled by this Central Illinois probate law practice.

Is probate necessary? Can it be avoided?

Decedents’ personal estates valued over $100,000, as well as an interest in real estate titled in the decedent’s name alone, can trigger probate. Fortunately, attorney Michael T. Mahoney has helped clients avoid probate in many of these situations. This was accomplished by helping interested parties reach agreement and by fulfilling all legal requirements to our title insurance company’s satisfaction.

If no unusual problems develop, the typical timeline for the estate to remain open is nine months to one year. However, during that time, substantial partial distributions (asset allocation) to the parties named in the will are common if all interested parties have waived their rights to protest the will and all debts have been paid.

To find out more about how we may be able to help you or to schedule an initial consultation to discuss your case, please call 866-677-8081 or contact us online. Our office is in Chillicothe.