Legal Question in Wills and Trusts in Illinois
trust or probate
A person dies with a family trust. Can the trust be probated anyway?
Asked on 10/27/04, 1:54 pm
1 Answer from Attorneys
Jeffrey R. Gottlieb
Law Offices of Jeffrey R. Gottlieb, LLC
Re: trust or probate
The trust itself cannot be probated, but the decedent's estate, even if no actual probate assets, can be. Opening the probate estate starts running the statute of limitations on claims and provides a forum to litigate these claims.
Answered on 10/27/04, 2:10 pm