Avoid probate Illinois with planning that saves time and stress
Why People Avoid Probate
Probate takes time, requires notices, and becomes public record. With planning, many families can pass assets privately and faster. The Law Offices of Jeffrey Sell helps clients in Will, DuPage, Kane, and Cook choose simple, lawful options.
Small Estate Affidavit
If total personal property in the estate is $100,000 or less and there is no real estate in the decedent's name alone, heirs can often collect assets with a sworn affidavit. We prepare the document, confirm eligibility, and guide you on presenting it to banks or other holders. This path avoids opening a court case.
Beneficiaries And Joint Ownership
Transfer on death and payable on death designations move funds directly to named people. Joint tenancy with right of survivorship lets a co owner take full title without court. We review and update forms so designations match your plan.
Living Trusts And TODI
A funded living trust keeps most assets out of probate and includes clear instructions for management. For homes, a Transfer on Death Instrument can name a beneficiary for residential real estate. We use these tools together for a simple and private transition.
When Probate Is Still Needed
If someone dies with real estate titled only in their name or significant probate assets, a court case may be required. We will analyze what qualifies for non probate transfer and what must go through the estate. Even then, good planning can shrink what the court handles.
Frequently Asked Questions
Can we avoid probate if the estate is just over one hundred thousand
The small estate affidavit has a hard limit and anything over does not qualify. Some assets do not count if they pass by beneficiary or joint ownership. We review the mix and see if what remains is under the threshold.
Should I add my child to my deed to avoid probate
Adding a co owner can create risk with their creditors and complicate taxes. Safer choices are a living trust or a transfer on death instrument. We will explain the pros and cons before you change title.
Does a will avoid probate
A will directs probate but does not bypass it. To avoid probate, use trusts, beneficiaries, or joint ownership. We often combine a will with these tools for a complete plan.
Can banks release small amounts without probate
Some institutions have policies for small sums or funeral costs, but rules vary. The small estate affidavit is usually the better path for multiple assets. We prepare what the bank will accept so you are not turned away.
If an estate qualifies for the affidavit, do we still need a lawyer
Many families prefer help to avoid mistakes and delays. We confirm eligibility, draft the affidavit, and organize supporting documents. This keeps the process quick and reduces back and forth with banks.
Meet the Team
Our attorneys
New York City, NY
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45 Rockefeller Plaza, Floor 20
New York, NY 10111
Valencia, Spain
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