Ten Things to Know About Probate in Illinois

Since 2001, our lawyers have been helping people find the best Illinois probate attorney for their case. Contact us at 312-346-5320 for a free consultation.

1. Probate Is the Court Process for Settling an Estate
   In Illinois, probate is the legal process of distributing a deceased person’s assets, paying debts, and resolving any disputes. It ensures everything is handled according to the will—or according to state law if there is no will.
2. Not Every Estate Needs Probate
   Small estates worth $100,000 or less (and without real estate) may be settled without going through the full probate process, using a small estate affidavit instead.
3. The Will Doesn’t Avoid Probate
   A will directs how property should be distributed, but it doesn’t eliminate the need for probate. In fact, wills are typically filed in probate court before assets can be transferred.
4. The Executor Handles the Process
   If there’s a will, it usually names an executor (or “personal representative”) to manage the estate. This person gathers assets, pays debts, files taxes, and distributes property under court supervision.
5. If There’s No Will, Illinois Law Decides Who Inherits
   When someone dies without a will, they are “intestate,” and Illinois laws determine who inherits—usually starting with a spouse and children, then moving to other relatives.
6. Some Assets Skip Probate Entirely
   Life insurance payouts, retirement accounts with named beneficiaries, jointly-owned property, and assets in a living trust generally pass directly to the new owner without probate.
7. Probate Can Take Months—Sometimes More Than a Year
   Illinois probate cases can last anywhere from six months to a couple of years, depending on the estate’s size, complexity, and whether they are any disputes. Most cases take more than a year, but during that time assets can be sold with court approval.
8. Creditors Must Be Notified
   Part of probate involves notifying creditors so they can file claims for debts owed. In Illinois, creditors typically have six months from the date of notice to make a claim.
9. Attorneys Often Work on an Hourly or Flat-Fee Basis
   Most probate attorneys charge hourly or flat fees versus working on a contingency basis. However, the estate usually pays these fees, not the executor. Contingency is possible when there is a legitimate dispute such as a fraudulent will and the estate is large.
10. Starting Quickly Can Save Time and Stress
    Delays in opening probate can make the process harder. Documents can be lost, creditors may become more aggressive, and disputes may intensify. Starting promptly helps protect both the estate and the heirs.

We have helped hundreds of people find the right probate lawyer for your case and if yours is in Cook County or a neighboring county, we can help you. We promise to give you the same guidance we would to our friends and family.