• Upon death, Illinois probate laws take effect for legal residents in the distribution of their assets.state seal of illinois image by Jan Ebling from Fotolia.com
  
  Probate laws generally cover the policies and procedures associated with the distribution of the assets or estate of a deceased person. In most circumstances, the assets or estate of the deceased are subject to the probate laws of the state in which they legally resided. Illinois residents are subject to provisions of the Illinois Probate Act of 1975, the Illinois Power of Attorney Act and Supreme Court Rule 776 when it comes to the distribution of their possessions or estate upon death or incapacitation.
  
  

Illinois Probate Act of 1975

• The Illinois Probate Act of 1975 is divided into 30 articles that address all relevant areas of probate. Article 2 on “descent and distribution” addresses the distribution of assets for “intestate” individuals who die without leaving a valid will. The law dictates who gets what through a hereditary line of succession.
  
  Other provisions of the act address wills and will contests, estate administration, minors, guardianship, spousal and child awards, claims against the estate, property recovery and appeals. For example, when appointing a guardian over minors of the estate, Article 11 of the law stipulates that the individual must be at least 18, a United States resident, of sound mind and without felony convictions (exceptions apply in consideration of the minor’s best interests).
  
  For certain succession problems common to intestacy (when no valid will is left by the deceased) and wills, the state has adopted other legislation. In cases of simultaneous death (e.g., when two parents die in a plane crash), Illinois applies the provisions of the Uniform Simultaneous Death Act. The USDA establishes that when the order of death cannot be determined and the proper distribution of property depends on the order of death, the property of each of the deceased is distributed as if each had survived the other.
  
  

Illinois Power of Attorney Act

• The Illinois Power of Attorney Act ensures that when an individual appoints an agent to oversee his property and make personal decisions for him (e.g., health care issues), the agent will also be empowered to act on behalf of the individual throughout his lifetime, including during periods of disability.
  
  

Supreme Court Rule 776

• The Supreme Court Rule 776 is a confidentiality and privacy provision regarding the registration and discipline of attorneys engaged in the probate proceedings. It lists what aspects of probate related to attorney conduct are accessible to the public and those matters deemed private and confidential (e.g., administrator investigations).
  
  

Disclaimer

• The details conveyed in this article are for informational purposes only and should not be construed as legal advice.