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The passing of a loved one is always an emotional time. On top of the grief, families are often faced with a series of legal steps that must be taken to handle the person’s estate. In Illinois, that process is known as probate. While the word itself might sound complicated, understanding what probate means, and what to expect, can help ease the uncertainty during a difficult time.
What Is Probate?
Probate is the legal process for settling a deceased person’s estate. It ensures that any debts are paid and that the remaining assets are distributed according to the will, or according to Illinois intestacy laws if there is no valid will in place.
In short, probate is how the court makes sure everything is handled properly and legally after someone passes away. It’s a process that can involve court hearings, paperwork, timelines, and often, a lot of questions from grieving family members.
Does Every Estate in Illinois Go Through Probate?
Not necessarily. Smaller estates may be able to avoid formal probate if they meet certain criteria. In Illinois, estates worth less than $100,000 that do not include real estate can often be handled through a Small Estate Affidavit. This can be a faster, simpler way to manage things.
However, if there is real estate involved, or if the estate’s value exceeds that threshold, then formal probate through the court is usually required.
How Does the Probate Process Start?
Probate begins by filing the will with the clerk of the circuit court in the county where the decedent lived. If there is a will, it will name someone as the executor. That person is responsible for handling the estate. If there’s no will, the court will appoint an administrator, usually a close family member.
Once appointed, the executor or administrator will take control of the estate. That includes collecting assets, notifying creditors, paying debts, and distributing what’s left to the heirs or beneficiaries.
How Long Does Probate Take in Illinois?
Probate in Illinois usually takes at least six months, but it can last a year or longer depending on the complexity of the estate, whether there are disputes among family members, or delays in gathering necessary documents. Creditors have six months to file claims, which is one reason for the minimum timeframe.
That said, some probate cases move more quickly, especially if everything is in order and uncontested. On the other hand, if someone challenges the will or questions the validity of the estate plan, things can slow down considerably.
What If Someone Wants to Contest the Will?
It’s not uncommon for a will to be contested during probate, especially if there are concerns about how it was created. In Illinois, any interested party has six months from the date the will is admitted to probate to file a challenge. These disputes are handled separately in court and can delay the overall process.
Reasons for contesting a will might include lack of mental capacity, undue influence, or questions about fraud or improper execution of the document. In these cases, the court will examine all the evidence before making a final decision.
Why Legal Guidance Matters
Probate can feel overwhelming, especially if you’ve never been through it before. Whether you’re named as an executor, a beneficiary, or just trying to understand what comes next, having a knowledgeable attorney by your side can make a meaningful difference.
The right legal team will walk you through each step, help you avoid costly mistakes, and make sure everything is handled according to Illinois law. They can also protect your interests if conflicts arise or if there are questions about the will or the estate.
Need Help Navigating Probate?
If you’re facing the Illinois probate process after the loss of a loved one, you don’t have to go through it alone. At Bielski Chapman, LTD, we help families across Illinois understand and navigate probate with clarity and compassion.
To schedule a complimentary 15-minute consultation, call our office at (312) 583-9430 or fill out our contact form. We’re here to help guide you every step of the way.