Probate and Trust Administration

At the Law Office of Dalton & Herlehy, P.C. we spend a considerable amount of time with probate and trust administration matters.

Estate and Probate Administration

Depending on the nature and value of a decedent’s estate, a probate administration may be necessary. This is true whether or not the decedent had a Last Will and Testament. “Probating an estate” consists of filing the necessary court papers to open a probate estate, court appearances to “prove-up” a Will, and closure of the estate when all necessary administration is completed.

We are available to represent executors in all aspects of estate administration in the northern Illinois counties of Kane, DuPage, McHenry, DeKalb, and Cook.

Trust Administration

Even when a decedent has a revocable living trust as his primary estate planning document, post-death trust administration is necessary. This administration is very similar to that of probating an estate except there is no probate court involvement. Our office provides assistance to the successor trustee in carrying out this administration.

Related Administration Issues

Assets which have a beneficiary designation, such as life insurance, annuities, Individual Retirement Accounts (IRA), profit sharing plans, 401(k) plans and other retirement assets, are controlled by the beneficiary designation on file with the company or retirement plan custodian. We provide assistance in collecting these assets.

Tax Filings

Estate and trust administration also involves the filing of necessary tax returns, including a final personal income tax return (Form 1040), fiduciary income tax returns for the estate or trust (Form 1041), and, where applicable, a federal estate or “death tax” return (Form 706) and Illinois estate tax return. We will work with the decedent’s accountant to make sure each of these returns is filed on a timely basis.