Illinois Lawyer Referrals and Legal Guidance
Probate in Illinois
Probate is the legal process through which the court makes sure that your will is valid, your debts are paid and your assets are distributed correctly. Even though you have created a will, your assets have to go through Illinois probate court because your name is still on the title of an asset after you die. Probate is the legal way in Illinois to remove your name from the title and replace it with a different persons' name.
When you die, you either have a will or you don’t. If you have a will, an executor should be appointed to make sure that your wished are carried out as you desire. If you don’t have a will that means you have died "intestate”. The whole point of having a will is so that your wishes will be met when you pass. If you die without a will, the laws of Illinois determine who will get your assets and fights often ensue over control of an estate.
It is important to remember that even if you have given someone power of attorney over your affairs while you are alive, that ends the moment you die. Having a proper will is, in our opinion, just as important as making sure your interests are protected while you are alive.
If you are the friend or relative of someone that has died and have questions for a lawyer, you should look for an attorney in the county where your friend or loved one lived or in a neighboring county. Any Illinois lawyer can practice in any county in the state, but we suggest that you seek legal help near where your loved one lived because no matter how many or few assets they had, you have to go to court in the county where they lived. In other words, if you live in Wheaton, but your father died without a will in Northbrook, you would be required to go to probate court in Cook County. A DuPage probate lawyer might be able to help you and certainly a Cook County probate attorney should be able to help.
The following links have additional information on Illinois probate laws. For additional information please see:- Cook County probate matters
- Filing a Will in Illinois Probate Courts
- Grounds For Contesting a Will or Trust in Illinois
- How are attorneys fees paid in probate cases?
- How Long Does the Probate Process Take in Illinois?
- Illinois Probate Overview
- Overview of the Probate Process in Illinois
- The Role of an Executor in Illinois Probate Matters
- What Happens When Someone Dies Without a Will in Illinois?
- What Makes a Great Estate Planning or Probate Lawyer?
If you have additional questions you can contact us. We will answer any questions you have and if needed, refer you to a lawyer that we think can help you.
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- If something is left to you in a will you can reject it.
- For a will to be valid the person signing it must be of sound mind at the time they sign their will.
- In many cases probate attorneys will accept payment once the will has been approved by the judge and assets have been distributed.
- In many cases probate attorneys will accept payment out of the estate.
- The only Cook County Probate Court is in downtown Chicago at the Daley Center.
- It takes a minimum of 6 months once a will is officially filed in Probate Court until it can be approved in usually at least 1 year.
- You can usually avoid Probate Court altogether by putting your assets into a trust.
- By writing a new valid will you automatically terminate any previously written wills.
- Under Illinois law, a will is supposed to be filed in Probate Court within 30 days after a decedent’s death. In reality it often takes longer for the will to be filed.
- Lawyers should not charge on a contingency basis to process a will. However, many lawyers will charge on a contingency basis (they don’t get paid unless you win) if an estate is contested.
- Wills do not have to be notarized in Illinois, but they must be witnessed by two people.
- Power of attorney power expire upon the death of the person who has granted it.
Findgreatlawyers.com is an online resource to help you find a lawyer in Illinois or obtain information on almost every are of Illinois law including probate. You can ask our staff of lawyers questions, search our website for legal information or ask us to provide you with an Illinois attorney referral that fits your needs. If you would like our help please contact us by e-mail or call us toll free at (800) 517-1614. We help just about everywhere in Illinois. For more information on probate in Illinois, please read on.