Areas of Practice:

Probate

Probate is the legal process of administering a deceased person’s estate—verifying any existing will, settling outstanding debts, and distributing assets to heirs or beneficiaries. Our firm assists clients through every stage of probate, ensuring full compliance with state law while working to minimize delays and complications.

In Illinois, probate is required when a person passes away with more than $100,000 in total assets or owns real estate, and does not have an alternative estate plan in place to avoid the process. While probate can often be avoided through proper planning, it becomes necessary in many situations.

  • Probate is the legal process through which a deceased person’s estate is administered under court supervision. This process involves verifying the validity of the will (if one exists), identifying and valuing the individual’s assets, paying outstanding debts and taxes, and distributing the remaining property to the rightful heirs or beneficiaries.

    If the person did not leave a will, the estate is distributed according to state intestacy laws. Probate ensures that the decedent’s affairs are properly settled and that all legal and financial obligations are met before assets are transferred.

    While probate serves an important function, it can often be time-consuming, costly, and part of the public record—reasons why many individuals seek to plan their estates in ways that minimize or avoid the process when possible.

  • If the decedent had a will, the person named in the will as the “executor” will usually serve, if eligible. If that person is unable or unwilling to serve as “executor”, or if there is no will, then any interested family member or person can petition the Court to be the “Administrator” of the Estate.    

  • Illinois law provides that the administrator is entitled to “reasonable compensation” for their services. This amount could vary, is case-dependent, and has yet to be defined by law.

  • If the trust was drafted properly and is fully funded, then usually a probate estate does not need to be opened.

  • Assets owned solely in the name of the deceased person are subject to probate. Assets that pass by means of title, such as real estate titled as “Joint Tenants with Right of Survivorship,” or accounts titled as “Transfer On Death” are usually not subject to the probate process. Assets that pass by means of a beneficiary designation, such as life insurance or some retirement accounts, are also not subject to probate.

  • The duration of a probate case varies depending on several factors. In most instances, the process takes at least six months, but it can extend to several years in more complex cases.