Understanding the Probate Process in Illinois

 Posted on April 30, 2025 in Estate Planning

Probate is often a necessary part of executing a will after death. The purpose of probate is to ensure that property is validly distributed according to the will and that all debts are paid. For families grieving the loss of a loved one, probate can be overwhelming and time-consuming. An experienced Oakbrook Terrace, IL probate attorney can provide compassion and understanding in estate management for surviving family members.

Is Probate Required for Smaller Estates in Illinois?

The formal probate process is not necessary for estates that contain no real estate and are valued under $100,000. For these smaller estates, the property distribution process simply requires the heirs to use a sworn statement, or simple affidavit, to claim their inheritance. The affidavit is typically only a few pages, but certain agencies may have their own version. In general, the form is used for an heir to request an asset and provide basic information about the person who died, including that no probate proceeding is planned, and the funeral costs are paid.

What Is the Executor’s Role in Assets and Debts?

The executor of a will or estate is legally responsible for handling the estate and plays a central role in the probate process. The executor’s duties include:

• Identifying the deceased person’s assets

• Ensuring that the assets are appraised

• Paying all valid debts and taxes owed by the estate

• Distributing what remains of the assets to the beneficiaries listed in the will or according to state law when a will does not exist

The executor will also file the necessary paperwork to begin the probate process.

How Does Probate Start?

Once the executor initiates the probate process, a notice is sent to the surviving heirs. The local newspaper will also publish a notice, following the Probate Act of 1975 and allowing creditors the chance to make their claims for debts. Sometimes, the executor will post a bond as a form of insurance that protects the estate should the executor make a mistake. In most cases, the court then officially appoints the executor as named in the will, allowing them control over assets.

What Happens if Someone Contests the Will?

Probate cases are time-consuming, but most finish around the one-year mark unless a beneficiary contests a will. When there is a dispute about asset distribution, the probate process can take significantly longer and become costly. More often than not, these disputes are over confusing language, creditor claims, identifying heirs, accusations of executor wrongdoing, or a claim that someone influenced the deceased person to make decisions about the will that they otherwise would not have made.

Speak With Experienced Oakbrook Terrace, IL Probate Attorneys Today

Several factors can complicate the probate process, including whether or not your loved one had a will when they passed away. The DuPage County, IL probate lawyers at Farooqi & Husain Law Office will work with you in an effort to make the process as efficient as possible. If you have questions about the probate process, call 630-909-9114 to schedule a consultation and find out what we can do for you.