Understanding Probate in Illinois
Probate is the court-supervised process of settling a deceased person’s estate. In Cook County, this means working with the Circuit Court’s Probate Division to:
- Validate the will (if one exists)
- Appoint an executor or administrator
- Identify and inventory assets
- Pay legitimate debts and taxes
- Distribute remaining assets to beneficiaries
While some estates can avoid probate entirely, many require at least a simplified court process. We’re here to guide you through whichever path applies to your situation.
Types of Probate Proceedings
Supervised Administration
This is the most common type of probate for larger estates. The court oversees each step, requiring approval before assets can be distributed. While more formal, it provides protections for executors and ensures proper procedures are followed.
Independent Administration
Illinois allows “independent administration” for many estates, giving the executor more flexibility to act without constant court approval. This can speed the process and reduce costs while still providing the legal framework to settle the estate properly.
Small Estate Affidavit
For estates with assets below certain thresholds (currently $100,000 for real estate, or $100,000 for personal property), a simplified Small Estate Affidavit may be sufficient. This avoids formal probate court entirely.
Summary Administration
Estates under $100,000 (not counting real estate) may qualify for summary administration—a simplified court process that moves faster than traditional probate.
The Executor’s Responsibilities
If you’ve been named executor (or need to serve as administrator for an estate without a will), you have significant legal duties. If you’re dealing with an intestate estate, learn about what happens when someone dies without a will in Illinois.
Gathering Assets
- Locate and secure all estate property
- Obtain appraisals where needed
- Manage assets during administration
Handling Creditors
- Publish notice to creditors
- Review and evaluate claims
- Pay legitimate debts from estate funds
Maintaining Records
- Keep detailed accounting of all transactions
- Preserve receipts and documentation
- Prepare court-required inventories and accountings
Distributing Assets
- Follow the will’s instructions (or intestacy laws if no will)
- Ensure taxes are paid before distribution
- Obtain receipts from beneficiaries
Court Compliance
- File required documents on time
- Attend hearings as needed
- Obtain court approval for distributions (in supervised administration)
This is a substantial responsibility, often undertaken while grieving the loss of a loved one. We provide guidance and handle the legal work so you can meet your duties without being overwhelmed.
Trust Administration
When someone dies with a revocable living trust, the assets typically avoid probate—but the successor trustee still has duties to fulfill:
- Notify beneficiaries
- Manage trust assets
- Pay debts and expenses
- Make distributions according to trust terms
- File final tax returns
We guide successor trustees through these responsibilities, ensuring proper administration while avoiding common pitfalls.
Our Approach to Probate
We understand that behind every probate case is a family dealing with loss. Our approach emphasizes:
Efficiency We move the case forward appropriately, avoiding unnecessary delays while ensuring everything is done correctly.
Communication You’ll know what’s happening with the estate. We explain each step, answer questions promptly, and keep you informed of progress.
Protection We help executors fulfill their duties properly, protecting them from potential liability while ensuring beneficiaries receive their inheritance.
Flat-Fee Options For many probate matters, we can offer flat-fee arrangements that provide cost certainty during an already stressful time.
Common Probate Issues
Will Contests
Sometimes beneficiaries or potential heirs challenge the validity of a will. These disputes require careful handling—we can represent executors defending the will or individuals with legitimate concerns about its validity.
Creditor Disputes
Not all creditor claims are valid. We help executors evaluate claims and challenge improper ones, protecting estate assets for beneficiaries.
Missing Beneficiaries
Locating all beneficiaries can sometimes be challenging. We use appropriate search methods and know when court procedures are needed to proceed with distribution.
Real Estate Issues
Estates with real property often have additional complications—mortgages, title issues, or questions about sale vs. distribution. We help navigate these decisions.
Schedule Your Probate Consultation
If you’ve been named executor or need to open an estate for a deceased family member, we’re here to help. Call 847-410-9131 to schedule your consultation. We’ll explain the process, discuss your specific situation, and provide clear guidance on next steps.
