×
≡Menu
Search

Probate & Estate Administration

Home Practice Areas Probate & Estate Administration

Illinois Probate and Estate Administration Attorneys

When a loved one dies, dealing with the probate and estate administration process can be overwhelming. You’re grieving, and there’s so much to think about. That’s where Wilson & Wilson Estate Planning & Elder Law LLC can help.

In addition to the emotional toll of grieving the loss of a loved one, family members may also experience conflict and disagreement during the estate administration process. This can be due to a number of factors, such as unclear instructions in the will, disputes over family heirlooms, or disagreements about how to distribute assets.

Our experienced probate and estate administration attorneys can help you navigate the probate process and ensure that your loved one’s wishes are carried out. We understand that this can be a difficult time, and we’re committed to providing you with the support and guidance you need.

Who We Help

Estate matters look different for every family. Here are the situations we hear about most often, and how we step in:

  • Families unsure whether anything needs to be filed. A loved one has died, and no one knows if the court needs to be involved. We help you understand what probate actually is, when it applies, what does not require court involvement, and what needs to happen first.
  • People responsible for settling an estate. Maybe you were named in a will, appointed by a court, or simply asked by your family to take charge. We help you secure property, keep accurate records, send required notices, manage expenses, communicate with beneficiaries, prepare accountings, and steer clear of missteps that can lead to delays, family conflict, or personal liability.
  • Families who found a will but are unsure what to do next. You have the document in hand, yet you do not know whether it must be filed with the court, who is supposed to act, or how much authority the named executor holds before the court gets involved. We answer those questions and help you take the right first steps.
  • Families facing bills and creditor demands. Credit-card statements, medical bills, loan notices, tax letters, and creditor demands can arrive quickly after a death. We help you sort out which debts may be paid from the estate, how to review and respond to claims, what records to keep, and what happens when the estate holds valuable property but lacks enough available cash to cover expenses, debts, or taxes.
  • Beneficiaries and expected heirs. You have been told you are part of an estate, but you are in the dark. You do not know who is in charge, what information you should be receiving, or how long everything will take. We help you understand your rights and what to expect along the way.

We know that probate in Illinois can be complex and time-consuming. That’s why we’re here to take some of the burden off your shoulders. We’ll handle all of the legal details so you can focus on grieving and healing. 

Probate and Estate Administration in Illinois

Probate is the legal process of settling a deceased person’s estate. It can be a complex process, but if you understand how it works, you’ll be prepared in case you’re ever named as an executor or administrator of an estate.

Here’s a simplified overview of the probate process in Illinois:

  1. Someone applies for probate. This is usually done by the executor named in the deceased person’s will. If there’s no will, or if the executor named in the will is unable or unwilling to serve, the court will appoint an administrator.
  2. The court appoints an executor or administrator. Once the court has appointed an executor or administrator, they’ll be responsible for administering the estate under the court’s guidance.
  3. The executor or administrator gathers the deceased person’s assets and pays their debts. This includes notifying creditors and giving them a chance to file claims against the estate.
  4. The executor or administrator distributes the deceased person’s remaining assets to their beneficiaries. Once all debts and claims have been paid, the executor or administrator will distribute the remaining assets to the beneficiaries named in the will. If there is no will, the assets will be distributed according to Illinois intestacy laws.

Here are some tips to help you navigate the probate process:

  • Gather all of the deceased person’s important documents. This includes their will, life insurance policies, retirement accounts, and other financial documents.
  • Contact an experienced estate planning attorney. An attorney can help you understand the probate process and ensure that the deceased person’s estate is settled properly.
  • Be patient. Probate can take several months or even years to complete. Don’t get frustrated if the process takes longer than you expected.

Remember, the goal of probate is to ensure that the deceased person’s wishes are carried out and that their assets are distributed to their beneficiaries according to the law.

Why Choose Wilson & Wilson

Wilson & Wilson Estate Planning & Elder Law has been proudly helping families through probate and estate administration for many years. Here’s why Illinois residents choose our attorneys:

  • We speak plainly. Legal terms have their place, but not when you are trying to understand your own family’s situation. We explain things clearly and answer your questions without making you feel small for asking.
  • We treat you like a person, not a file. Grief and paperwork do not mix well. We are mindful of the emotional weight behind every estate, and we handle your matter with genuine care.
  • We protect representatives from costly mistakes. Executors and administrators can be held responsible for errors. We help you follow the rules, meet deadlines, and document your decisions so you stay protected.
  • We keep things moving. Delays cost time, money, and peace of mind. We stay on top of court requirements and creditor deadlines to keep your estate on track.

We’re dedicated to helping you ensure that you have everything you need to get through this difficult time. Reach out to our team to learn more about how we can help.

Meet With an Experienced Estate Planning Lawyer

Your estate plan is your roadmap for the future of your assets and your loved ones. It’s important to have a thorough and up-to-date plan in place to ensure that your wishes are respected and your loved ones are taken care of.

At Wilson & Wilson Estate Planning and Elder Law, our estate planning lawyers can help you create or update your estate plan, including drafting a will or trust. We can also help you handle Illinois probate and estate administration so you can focus on grieving the loss of your loved one.

Here’s why it’s important to have an estate plan:

  • Protect your assets. An estate plan can help protect your assets from creditors, taxes, and lawsuits.
  • Ensure your wishes are respected. Your estate plan allows you to specify how you want your assets distributed after your death.
  • Take care of your loved ones. Your estate plan can provide for your minor children, disabled loved ones, and aging parents.

If you don’t have an estate plan in place, or if your plan is outdated, contact Wilson & Wilson Estate Planning & Elder Law LLC today for a consultation. We can help you create a plan that meets your individual needs and goals.

FAQs About Probate & Estate Administration in Illinois

What assets are subject to probate in Illinois?

Assets subject to probate include real estate owned solely by the deceased, personal property not held in joint tenancy, bank accounts without beneficiary designations, and other assets titled in the deceased’s name alone. Assets that typically avoid probate include jointly owned property with survivorship rights, retirement accounts with named beneficiaries, life insurance policies with designated beneficiaries, and assets held in properly funded trusts.

How are debts and taxes handled during probate?

The executor must identify and notify all known creditors, publish notice to unknown creditors, and pay all valid debts from estate assets before distributing inheritances to beneficiaries. The executor is also responsible for filing final income tax returns for the deceased, paying any estate taxes owed, and obtaining tax clearances before making final distributions to ensure compliance with all tax obligations.

How are estate assets valued and inventoried?

The executor must prepare a comprehensive inventory listing all estate assets and their fair market values as of the date of death, often requiring professional appraisals for real estate, business interests, and valuable personal property. This inventory must be filed with the court within a specified timeframe and serves as the basis for calculating estate taxes, creditor claims, and beneficiary distributions.

What rights do beneficiaries have during probate?

Beneficiaries are entitled to be notified about probate proceedings, access to estate accounting records, and timely distribution of their inheritances according to the will’s terms or intestacy laws. They may also petition the court to remove an executor for misconduct, challenge unreasonable fees or expenses, and object to proposed distributions that do not comply with legal requirements.

Can real estate be sold during probate?

Yes, real estate can be sold during probate if necessary to pay debts, taxes, or expenses, or if specifically authorized by the will. However, the sale may require court approval, depending on the type of administration and the specific circumstances. The proceeds from real estate sales become part of the estate’s liquid assets and are distributed according to the terms of the will or intestacy laws after all obligations have been satisfied.

Can probate be avoided in Illinois?

Yes, probate can often be avoided or simplified through proper estate planning techniques such as establishing revocable living trusts, designating beneficiaries on retirement accounts and life insurance policies, and owning property in joint tenancy with right of survivorship. However, these strategies require advance planning and proper implementation to be effective, which is why consulting with an attorney is beneficial.

Get in touch now, and support your family even after you’re gone.

Get the personalized
care you need.

To arrange your initial consultation with Wilson & Wilson for comprehensive legal representation, call today.

Meet Our Team

william

William S. Wilson

Owner / Founder

sandra-schildgen-esq

Sandra Schildgen, Esq.

Partner

anne

Anne Alison Bennett

Attorney Associate

Hear From Our Satisfied Clients

Never Miss an Update. Sign up to receive our Blog & Newsletter!

Schedule a Consultation!

Don’t Leave Your Family’s Future to Chance

Contact Form

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Please do not include any confidential or sensitive information in this form. This form sends information by non-encrypted e-mail which is not secure.

Submitting this form does not create an attorney-client relationship.