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Orland Park estate planning lawyer probate processMost people do not know a lot about probate until a loved one dies, and the ones that do know about it think that it is a long and frustrating process. While the probate process can indeed be lengthy, it does not have to be frustrating or complicated. 

What Is the Probate Process?

Probate is the legal process that a deceased person’s estate goes through to be properly distributed to heirs and designated beneficiaries. Typically, a person’s property is distributed according to the deceased person’s last will and testament, but if there is no will, property is distributed according to state law. During the probate process, the following steps are taken:

1. File the Will in Probate Court and Notify Beneficiaries

The probate process begins when a petition is filed in the local probate court to place the will into probate and appoint an executor of the estate. If the deceased person did not have a will, the petition will ask the court to appoint a person as an administrator for the estate. The notice of the hearing must be given to all beneficiaries, which allows them to contest the will in court if they object to the terms of the will. The notice should also be published in a newspaper in the county in which the petition was filed. 

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