Areas of Practice:

Probate

Probate is the legal process through which a deceased person's estate is administered, including validating their will (if one exists), settling debts, and distributing assets to heirs or beneficiaries. Our firm guides clients through each step of the probate process, ensuring compliance with state laws while minimizing 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. The process is generally considered time-consuming, costly, and public, which is why many people seek to avoid it when possible.

If you find yourself needing to go through probate, or not sure whether probate is required, Tenenbaum Law Group is here to guide you through it.

  • 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 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 length of time of a probate will depend on several factors. It usually takes a minimum of 6 months and can take up to numerous years in some cases.