Legal Question in Wills and Trusts in Illinois
probate and rights
how long does an estate stay in probate? when there is no will,are children of first marriages entitled to their share of the estate that is in probate
Asked on 11/10/06, 1:35 pm
1 Answer from Attorneys
Re: probate and rights
Once a probate estate is opened, it remains open at least 6 months for the estate to be administered. However, there are many reasons that may cause it to be open for much longer, e.g., if there is a dispute over heirship or property, if a creditor brings an action, if there is an insurance dispute, etc.
In an intestate estate (one without a will), if there is a surviving spouse, he or she receives half, and the children of the decedent split the remaining 1/2.
Answered on 11/12/06, 11:49 pm
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