Best Probate Lawyers in Waukegan

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Waukegan, Illinois?

  The non-emergency contact number for the Waukegan Police Department is 847-360-9000.

• Where can I get a copy of police reports for incidents related to my case in Waukegan, Illinois?

  You can get a copy of police reports for incidents related to your case in Waukegan at the Records Department window of the police department. You can visit in person to make your request between 8 a.m. and 5 p.m., Monday through Friday (excluding holidays). Prepare $5 for the fee. If you're going to mail in your request, the fee is $10.

• Is there a deadline for filing a petition for probate in Waukegan?

  If the decedent had a will, the individual in possession of it must file it with the clerk of the circuit court in the county where the decedent resided at the time of his or her death. This must be done within 30 days after the decedent's death. Once the original will has been filed, the executor named in the will has 30 days to file a petition to probate the will in Waukegan.

• Is probate necessary for small estates in Waukegan?

  According to the Probate Act of 1975, 755 ILCS 5/Art. XXV, if a decedent's assets are valued under $100,000 and he or she did not own any real estate, then a formal court probate proceeding is not necessary. The executor or administrator can file a small estate affidavit in Waukegan instead.

• When is probate required in Waukegan?

  Probate is necessary in Waukegan when the decedent owns any type of real estate or has more than $100,000 worth of non-real-estate assets outside of a trust. The executor should receive Letters of Office from the probate court once it is determined that probate is necessary. This is so he or she can collect the assets of the estate to distribute to the decedent's beneficiaries or pay creditors. Probate is also necessary when the decedent’s family believes there may be an heirship dispute or will contest.

• Are all assets subject to probate in Waukegan?

  Not all assets are subject to the probate process in Waukegan. Some of the common non-probate assets are assets held in trust, retirement accounts, the proceeds of a life insurance policy, and certain types of jointly held property. Assets that go through the probate process are assets in the decedent's name alone, assets valued at over $100,000, or decedent-owned real estate in his or her own name outside of a trust.

• What happens when a person dies without a will in Waukegan?

  Waukegan follows the Intestacy Laws of Illinois in determining who will receive a decedent's assets in the absence of a valid will. The probate court will assign an administrator to take care of the decedent's estate when there is no will. Assets that fall under intestacy laws include bank accounts, properties, and retirement savings in the name of the decedent.