Ho do I open a estate?
UPDATED: Sep 7, 2012
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Ho do I open a estate?
My grandmother passed away 2 years ago, with no Will. She had a house that was paid off that my father now wants to transfer into his name. She also has 2 adopted children and her actual grandchildren but there is no dispute about my father taking full ownership of the house. How does he go about getting this done? I’ve called the county clerk’s office and they vaguely said I need to open the estate but could offer me no more information. What exactly does this entail? Is it mandatory to hire a lawyer?
Asked on September 7, 2012 under Estate Planning, Illinois
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If your grandmother passed away without a Will or trust in place but left behind certain assets such as real property, an intestacy filing (when one has no Will or trust) needs to be done in the probate department of the county and state where your grandmother last lived.
The petition can be filed by any interested member of her family such as you or your father. The purpose is to list your grandmother's assets and make a distribution to her heirs per the probate code of your state as to those heirs most closely related to her.
I suggest that you and your father consult with a Wills and trust attorney to assist. The probate court will issue an order upon a sucessful intestacy proceeding ordering the transfer of legal title of the home in your grandmother's name to her heirs per code. Such order will be recorded on her home.
It is not mandatory to hire an attorney to help in your matter but such is recommended.
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