Illinois law doesn’t force you to get a lawyer when settling someone’s estate, but it’s worth considering. Picture this: you’re handling a straightforward estate worth less than $100K, with no real estate involved. In that case, you can probably manage with a Small Estate Affidavit. Pretty simple stuff, really.
Pursuant to Illinois state law (755 ILCS 5/), the executor or administrator of the said estate may proceed without legal representation, provided certain conditions are met.
Look, if everyone’s getting along and there’s no drama about who gets what, you might be fine going solo. The same goes if your loved one didn’t leave behind much debt or complicated tax situations. But here’s where things get tricky.
Notice is hereby given that professional legal counsel is strongly advised in cases involving:
- Estates requiring probate proceedings
- Asset distribution disputes
- Business holdings, investment portfolios, or real property
- Complex tax considerations
Think of an estate lawyer as your navigator through the legal maze. They’ll handle the court paperwork, figure out what everything’s worth, deal with those pesky creditors, and make sure Uncle Sam gets his share. Plus, they’ll keep you from accidentally stepping on any legal landmines.
In witness whereof, the following practical advice is offered: While you can technically DIY a simple estate, having a pro in your corner often saves more headaches than dollars. Your call, though.
Be advised that this information does not constitute legal advice, and individual circumstances may vary.
