Illinois Lawyer Referrals and Legal Guidance
How Long Does the Probate Process Take in Illinois?
Findgreatlawyers.com is a free service, run by Illinois lawyers, that offers Illinois attorney referrals and legal guidance. We help with almost any legal matter, including probate. Although we are based out of Chicago, we have a state-wide network of attorneys for almost every county in Illinois. If you would like our help please fill out our contact form or call us at (312) 346-5320. For more information on how long the probate process takes, please read on.
When someone dies in Illinois, his or her estate, which is made up of cash, personal belongings, real estate, vehicles, and any businesses owned by the deceased, must be collected and distributed to others, usually family members, friends, or charities. This process, called probate, is guided by a judge in probate court. Probate takes anywhere from six months to several years to complete, depending on the size and complexity of the deceased’s estate, and whether or not family or others contest the distribution of the estate. However, if the estate is worth less than $100,000 and contains no real estate, the probate process may be avoided by the filing of a “small estate affidavit.”
If the deceased left a will, the will should be filed with the Probate Court located in the county where the deceased lived, within 30 days after the deceased passed. However, many wills are not filed during this time period, which causes delays in the process. Additionally, family members may proceed with the distribution of the estate as if the deceased did not leave a will if the will is not filed on time, causing confusion. Finally, deliberately deciding to not file a will at all is a criminal offense. Therefore, it is best to file the will on time.
After the will is filed, the court must “admit the will to probate,” which means that the judge must determine whether or not the will is legally valid. The judge will base his or her decision on if the will was properly prepared and signed, including if there is any evidence of unlawful conduct during the preparation of the will. This process will be quick if the will was properly prepared and signed, but could take months otherwise. If the judge cannot admit the will to probate, the judge must proceed as if the deceased had no will.
Once the will is "admitted to probate," the judge must appoint a person to carry out the collection and distribution of the deceased’s estate, and to pay out any of the deceased’s outstanding debts. This person is known as an executor and is often named in the will. The executor has 14 days to mail notices, stating that the will was admitted to probate, to all known heirs (children, grandchildren, and possibly other relatives), persons named in the will, and known creditors of the deceased. The executor must also publish an advertisement in the county newspaper for three weeks, notifying any unknown heirs or creditors that the will has been admitted to probate.
After all notices are mailed and the advertisements published for three weeks, all of the deceased’s heirs, and other persons named in the will, have six months to contest the will. Will contests may be based on the will not being properly signed (forgery for example), the will being revoked by the deceased, the deceased not having the mental capacity to prepare a will, or fraud was involved in the preparation of the will. Will contests can delay the probate process by months or even years.
Creditors also have a six month period to file their claims against the deceased’s estate. Examples of such claims include mortgage payments, business debt, credit card debt, and fees for legal or medical services. Creditor claims can delay the probate process by months or even years as well.
Once any will contests and creditor claims have been resolved, the judge may approve the will, and the distributions of the estate may finally occur. If the will is found to be invalid for some reason, the estate will be distributed as if the deceased did not leave a will.
Since probate can be complicated and may involve the filing of several court documents, it is best to retain a lawyer who can guide you through the process. If you are looking for a lawyer to assist you will the probate process, please complete our contact us form or call us at (800) 517-1614 and one of our attorneys will try to guide you.
Since 2001, findgreatlawyers.com has been the resource people turn to for Illinois attorney referrals and legal guidance. Find out why consumers from Crystal Lake to Cairo feel that having access to our site is like having a lawyer in the family.