Illinois probate process explained step by step
What To Expect
If you are handling a loved one's estate, the steps can feel overwhelming the first time. Our probate attorney Plainfield and Chicagoland team guides executors and administrators through each filing and deadline. We handle the legal work so you can focus on family.
Open The Estate
We file a petition in the correct county, submit the original will if there is one, and request appointment as executor or administrator. After a brief hearing, the court issues Letters of Office that empower you to act. We prepare every document and attend court so the case starts cleanly.
Notify Heirs And Creditors
We send notice to heirs and beneficiaries and publish notice to creditors to start the claims window. Known creditors can receive direct notice with shorter deadlines. Early notices start the clock and prevent late surprises.
Gather Assets And File Inventory
We help secure property, open an estate account, and list assets with date of death values. An inventory is filed with the court and updated as needed. Organized records make later accounting and distribution smooth.
Manage Bills And Property
During administration, we pay legitimate expenses, maintain insurance, and guide any home sale. Independent administration often allows actions without extra hearings. We keep you informed and document everything.
Resolve Claims And Taxes
We review creditor claims, allow valid ones, and reject improper ones in writing. Final income tax and any required estate returns are handled with your CPA. Our process protects the executor and the estate.
Distribute And Close
When the claims period ends and bills are paid, we prepare a plan of distribution. Beneficiaries sign receipts and waivers, and we file to close the estate and discharge the executor. You finish with a clear record and court approval.
Frequently Asked Questions
How long does probate take in Illinois
Most straightforward cases take about seven to twelve months because creditor claims stay open for six months. Real estate sales or disputes can add time. We start notices early and manage each step to keep momentum.
Do we have to go to court for every step
Usually no under independent administration. After the initial hearing, most work is done by filings and correspondence. We handle court appearances if issues arise so your time at court is limited.
What if there is no will
The court appoints an administrator and Illinois intestacy law controls who inherits. The steps are similar, including notices, inventory, and claims. We help with bonds or waivers if required.
Can an estate be handled without probate
Yes if assets are in a trust, pass by beneficiary, or the estate qualifies for the small estate affidavit. We review the profile and choose the simplest lawful path. If probate is needed, we make it as efficient as possible.
What does an executor do day to day
Provide documents, sign filings, and approve decisions as we guide the process. Secure property, gather statements, and communicate with family. We do the heavy lifting and keep you on a clear checklist.
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