How Long Does Probate Take in Illinois?

After the loss of a loved one, many families are left with questions, both emotional and legal. One of the most common concerns we hear is about timing: “How long will this probate process take?”

The answer isn’t always straightforward. In Illinois, probate can move quickly in some cases, while in others, it can take months or even more than a year. Much of it depends on the size of the estate, whether there’s a valid will, and if any disputes arise along the way.

If you’re trying to understand what to expect during probate in Illinois, here’s what you should know.

What Is Probate?

Before we talk timelines, it helps to understand what probate actually is.

Probate is the legal process used to administer a deceased person’s estate. That means identifying assets, paying off debts, and distributing whatever remains to heirs or beneficiaries. If there is a valid will, the court oversees the process to ensure the instructions in that document are carried out. If there is no will, then Illinois intestacy laws determine who inherits the estate.

Probate is overseen by the circuit court in the county where the decedent lived. In most cases, an executor (if named in the will) or a court-appointed administrator will handle the bulk of the responsibilities.

How Long Does Probate Usually Take in Illinois?

In most cases, probate in Illinois takes between 6 months to a year. But it’s not uncommon for more complex estates to take longer.

Here’s why: Illinois law requires creditors to be notified and given six months to file claims against the estate. That creditor claims period alone sets a minimum timeframe for most probate cases.

If the estate is simple, meaning there are no disputes, few assets, and everything is clearly documented, it may move toward closure soon after that six-month window. But when complications come into play, delays are almost inevitable.

What Can Slow Probate Down?

A few common factors can drag out the process:

• Disputes Over the Will: If someone contests the validity of the will, that legal challenge must be resolved before probate can continue. Will contests often lead to separate court proceedings, adding months or more to the timeline.
  
• Missing or Unknown Assets: Sometimes, it takes time to locate all the assets in an estate. If the decedent didn’t leave clear records or owned property in multiple states, gathering everything can be a time-consuming task.
  
• Out-of-State Heirs: When heirs or beneficiaries live outside of Illinois—or worse, cannot be located—additional steps must be taken to notify them properly. That can delay progress significantly.
  
• Tax Issues: If the estate is large or if there are unresolved income or estate tax matters, it can prolong the probate timeline.
  
• Real Estate Sales: If the estate involves selling property, the court may require approval before a sale can be finalized. Market conditions and buyer delays can push things back.
  

Can Probate Be Avoided in Illinois?

Yes – in some cases.

If the estate is worth less than $100,000 and does not include real estate, the family may be able to use a Small Estate Affidavit instead of going through formal probate. This is a much quicker option, though it only applies in specific situations.

That said, even with good planning, formal probate is often necessary when real estate or significant assets are involved.

Why Legal Guidance Helps

Probate is a legal process. It follows court rules and timelines, and it often involves filing forms, notifying heirs, and meeting deadlines. If mistakes happen or requirements are missed, the process can be delayed even further.

That’s why having an experienced probate attorney on your side can make such a difference. Not only can we help you meet deadlines and stay organized, but we’re also here to handle disputes or unexpected issues with confidence.

Have Questions About Probate Timelines?

At Bielski Chapman, LTD, we help families across Illinois navigate the probate process with care, clarity, and confidence. If you’re wondering how long probate might take for your loved one’s estate, or what you can do to help move things forward, reach out to our team.

Call our office at (312) 583-9430 or fill out our contact form to schedule a complimentary 15-minute consultation. We’re here to help when you need trusted guidance most.