Has A Loved One’s Will Been Probated In Illinois? Here’s How To Find Out

Did you know that not all wills go through probate? It is true that most wills must work through the probate process – but not all have to do so. The courts may not require a will to go through probate if the estate falls under the ‘small estate‘ rule, or if a spouse or other person jointly holds all the assets. But why does this matter? It is actually quite important to know if a loved one’s will has been probated in Illinois.

Has A Loved One’s Will Been Probated In Illinois?

Probate is the legal closing of a deceased person’s estate. It involves paying all final debts and taxes, closing accounts and distributing assets. Many people automatically assume that a will must go through the Illinois probate process, but that is not always true. In fact, there are several instances when a will does not need to go through probate. But why do you want to know if the will is going through probate?

Here are several reasons why it is important to know if the will has been probated in Illinois:

• Establish legal authority. The courts typically grant executorship to the person named in the will. If the will does not name an executor, the probate court will name an administrator to perform the duties of closing the estate. This means that when you confirm a will is in probate court, you know who can act on behalf of the estate.
• Facilitate the transfer of property. Assets such as real estate or automobiles may require probate to show a clear title and facilitate the legal transfer of the assets to the beneficiaries. Ensuring a will has been probated may be necessary to obtain the proper paperwork to transfer the titles.
• Identifying and settling debts. One part of probate is identifying and paying all necessary debts (you may not be responsible for all debts). A creditor may want to verify the probate status to confirm they are working with the proper person. Or once a will is in the probate process, you can confirm the executor handles all debts.
• Proper asset distribution. One significant step of the probate process is the distribution of assets. Once you have confirmed that the will is going through probate, you can ensure the executor distributes the assets according to the deceased person’s final wishes. The probate courts will inspect the paperwork and the will before probate starts, and then before it closes.
• Protecting the rights of beneficiaries. Once the will has been probated in Illinois, the probate courts will help ensure that the beneficiaries’ rights are protected and that they receive the inheritance as it was written in the will.

As you can see, knowing that a will is in the probate courts is important to understanding the will and its contents.

How To Find A Probated Will

Now that you understand the importance of knowing if a loved one’s will is in the probate process, the next step is finding this information. You will need to consult the records of the Circuit Court in the county where the deceased person resided at the time of their death. They may have had property elsewhere, but you must confirm their established residence. The Clerk of the Circuit Court in each county maintains the probate records.

Here are 3 options to find if the will is probated:

1. Verify the county of residence. The first step is to identify the county where the person was living at the time of their death. Probate proceedings typically happen in their final place of residence.
2. Online resources. It is helpful that searchable online databases exist for many Illinois counties. Here are some examples:
   • Cook County. The Clerk of the Circuit Court of Cook County provides a place to search for probate cases.
   • Lake County. The Lake County Circuit Clerk’s office has probate and guardianship records, including estate cases and wills.
3. Contact the office directly. If you cannot find the information through online resources, you can always contact the  Clerk of the Circuit Court in the correct county. They can help you access the information online or direct you on submitting formal documents to the courthouse in person.

Before you can access the probate information, the offices may require you to show proof of your relations to the deceased person or that you have a legal interest in the estate. Also, know that some of the records may not be readily available online due to privacy issues or local regulations.

Working With An Illinois Probate Attorney

Anytime you enter legal proceedings, you want an attorney on your side. An experienced Illinois probate attorney can help you discover if your loved one’s will has been probated in Illinois. Additionally, they can help you with any or all of the probate process. Since there are numerous steps in the probate process, having someone on your side will help in several ways.

• Ensure the executor is following the final wishes as the will states.
• Protect your interests as a potential beneficiary.
• Help settle disputes.
• Facilitate the transfer of assets.
• File paperwork with the probate courts in Illinois.
• Much more

The probate process can be time consuming and confusing. A probate attorney can help you in many ways, from simply answering questions to handling the probate completely. They are there to make this process easier. You do not need to go through this process alone.

Read the following articles to learn more about the Illinois probate process.

• What Does – And Doesn’t – Have To Go Through Probate In Illinois
• Do You Need To Hire An Attorney To Complete The Probate Process In Illinois?
• 15 Commonly Used Probate Terms And Definitions 
• FAQs: What Happens In Probate Court?

Oak Brook Probate Attorney

Do you have questions about Illinois probate and if a will is in probate? If so, 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.