Areas of Practice:

Probate

Probate is the legal process that follows a person’s passing including confirming the validity of a will, resolving outstanding obligations, and transferring assets to the appropriate heirs or beneficiaries. Tenenbaum Law Group guides clients through each stage of probate with clarity and care. We advise individuals with the administration of estates and trusts, guides fiduciaries through the probate process, appearing in court as required, assisting them in the transfer of assets, resolution of claims, as well as the implementation of the decedent’s estate plan. Tenenbaum Law group manages the process efficiently, ensuring compliance with Illinois law, and work to reduce delays so matters are resolved as smoothly as possible.

In Illinois, probate is typically required when a person passes away with more than $150,000 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, often 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 a decedent 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.
An Executor is named in the will and appointed by the court to carry out its terms. An Administrator is appointed by the court when there is no will, or when the named Executor cannot serve.
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 an 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.
In Illinois, a decedent without a will is said to have died "intestate." Their assets will be distributed according to Illinois's intestacy statute, which prioritizes spouses and children, then other relatives in a set order.
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.
If an individual is acting in a fiduciary capacity (i.e., as an Administrator of an estate), then an attorney is typically required. If an individual is acting in their own capacity, then they can appear pro se. However, most individuals benefit from working with an attorney — particularly when real estate, minor beneficiaries, or creditor disputes are involved.
Real property titled solely in the decedent's name usually must pass through probate before it can be sold or transferred, with a few exceptions. The court-appointed representative will have authority to manage and ultimately sell or deed the property to heirs.