Do You Have Questions About The Illinois Probate Process? We Have Answers

Losing a loved one can be devastating. You may not be done grieving when you have to start dealing with the probate process. Probate is the legal closing of a person’s estate. It involves closing all accounts, paying all final bills and taxes and distributing assets. It’s understandable to have questions about the Illinois probate process, especially if you have never worked through this before. And we are here to help and can answer all of your questions.

Understanding The Illinois Probate Process

As mentioned above, probate is a legal process that must go through the probate courts. However, there are some instances when the estate does not need to pass through probate, and not all assets are subject to Illinois probate.

• If the estate is valued at less than $100,000 and does not include any land or property, then you are not required to use probate or submit the legal documents to the courts. This is also known as a Simplified Procedure.
• If the estate has a trust rather than a will. A trust allows you or your loved ones to avoid probate.
• Assets with a named beneficiary do not go through probate. These may include life insurance policies, retirement accounts, property with a Transfer on Death Instrument, or other accounts with a named beneficiary.

 

But if you do need to work through the probate process, here are some of the executor’s duties:

• The executor files a petition with the courts, giving all the information at the time of the person’s death.
• File the death certificate and the will.
• The court will establish the validity of the will.
• The executor gathers the deceased person’s information, including bills, finances, assets and beneficiaries.
• They must pay probate and estate administration fees.
• All bills and taxes must be paid.
• After all bills are paid, the executor administers assets to the beneficiaries according to the will.
• The executor must file the proper forms to close the estate with the courts.

That is a brief summary of what happens during probate. But there is more that is expected of the executor. Most people name an executor when they write their will. But if they didn’t or if the person died without a will (dying intestate), the probate court will name an Administrator to take over this role.

Duties Of the Executor/Administrator

The executor is established to oversee the probate process and carry out the will.

Choosing an executor is not a decision that you should take lightly. The average probate timeline in Illinois is 6-12 months; that is a considerable commitment for whomever you choose. Plus, the executor is expected to perform various duties in a timely manner.

Some executor duties are:

• Consult or hire an attorney. While this is not mandatory, many executors find the entire process more manageable when they have someone on their side who understands the whole probate process and can help with some or all of the steps that the courts require.
• File a decree naming you the executor of the estate. The executor cannot work with the deceased person’s financial companies without proving who they are.
• Notify all heirs and beneficiaries that you are the executor and give the contact information. It is best to be completely transparent with this process.
• Pay all final debts and taxes. An experienced probate attorney can explain how to notify all creditors and which bills you may not have to pay.
• The executor may be responsible for selling assets or property. The funds will be placed in a bank account they established, and later distributed according to the will.
• Distribute all assets according to the will.
• Close all accounts.
• File the correct legal documents with the courts to close the estate legally.

As you can see, this is a tedious process. When choosing an executor, you must speak with the person ahead of time to see if they can or even want to take on this role. The responsibility can sometimes be overwhelming for some people. The executor does not have to be the eldest child or nearest relative. It can be a close friend, an attorney or a professional executor. It is up to you to choose the best executor to handle the closing of your estate.

Did you know that probate is also known as Illinois estate administration?

Avoiding Probate Pitfalls As An Executor

If you are an executor of an estate, you probably want to be a good executor. Here are some pitfalls you’ll want to avoid.

• Not understanding the entire will. Hopefully, you sat down with the person before they passed away and reviewed the will’s details. It’s important to know the details and communicate this with any beneficiary who asks questions.
• Hire an attorney. Again, this is not mandatory, but it is certainly helpful in many situations.
• Not being organized. Ensuring organization may be the number one tip we can give you. From the start, you may want to purchase a filing system that can help you keep track of your timeline and documents. You will need to know all creditors, beneficiaries, heirs, bank or investment accounts and more. The probate process will flow smoother when organize your files from the beginning.
• Trying to handle all disputes. As the executor, you may have to explain the will and try to defuse any conflicts, but there are times when you may need to have the probate attorney step in and settle the dispute.
• Not complying with Illinois probate laws. If you don’t know the probate laws, you may not be in compliance with them. This can cause disputes among beneficiaries and even fines from the courts. A probate attorney can help ensure you stay within the laws.

 

Whether you are writing or updating your estate plan, are a beneficiary, or an executor of an estate, we recommend working with an experienced probate attorney. Probate involves more than the distribution of the deceased person’s assets.

 

FAQs About the Illinois Probate Process

1. How long does the probate process take in Illinois?
The average probate case in Illinois takes 6 to 12 months, depending on the complexity of the estate and whether there are any disputes or delays. Larger estates, missing documentation, or conflicts among heirs can extend the process. An experienced probate attorney can help keep things on track and ensure all deadlines are met.

2. Do all estates in Illinois have to go through probate?
No. Not all estates require probate. In Illinois, if the total value of the estate is less than $100,000 and there is no real estate, you may be able to use a Small Estate Affidavit to settle the estate without formal probate. Additionally, assets placed in a trust or with named beneficiaries (like life insurance, retirement accounts, and Transfer on Death deeds) generally avoid probate.

3. What does an executor do during probate?
The executor (also called a personal representative) is responsible for carrying out the terms of the will and managing the probate process. Their duties include:

• Filing the will and death certificate with the probate court

• Notifying heirs, creditors, and beneficiaries

• Paying final debts and taxes

• Managing and distributing assets
• Filing paperwork to close the estate
  An executor can be held legally responsible for mistakes, which is why many choose to work with a probate attorney.

4. What happens if someone dies without a will in Illinois?
When a person dies without a will, they are considered to have died intestate. The Illinois probate court will appoint an Administrator to settle the estate. The assets will be distributed according to Illinois intestacy laws, which prioritize spouses, children, and close relatives. This can lead to outcomes that may not reflect the deceased person’s wishes.

5. Should I hire a probate attorney if I’m the executor?
While it’s not legally required, hiring a probate attorney can make the process faster, less stressful, and legally compliant. Probate involves complex court rules, legal forms, and strict deadlines. An attorney can help you avoid costly errors, handle disputes, and ensure the estate is settled correctly.

Oak Brook Probate Attorney

Do you have questions about Illinois probate? An experienced probate attorney can advise you on the best options for your situation. Contact the Estate & Probate Legal Group at 630-864-5835. 

Areas We Serve: Cook, DuPage, Kane, Kendall and Will counties.