Probate in Illinois and Will County
Probate is the court process that proves a will, puts someone in charge of the estate, pays the debts and passes on what is left. In Illinois the rules sit in the Probate Act of 1975, 755 ILCS 5. For a Will County resident, the case is opened at the courthouse in Joliet.
The steps of an Illinois probate
Every estate is a little different, but most follow this order. The section numbers are from the Probate Act, so you can read the rule yourself.
- File the will. Whoever has the will must file it with the court clerk right after the death (755 ILCS 5/6-1). An executor named in the will has 30 days after learning of the role to start probate or say no (5/6-3).
- Open the estate. A petition goes to the court in the county where the person lived (5/5-1). The court admits the will when two witnesses to the signing give the needed statements (5/6-4). The representative then takes an oath and, unless the will excuses it, files a bond (5/12-2).
- Tell the heirs. Within 14 days after the court order, the representative mails the petition and the order to the heirs and the people named in the will (5/6-10).
- File an inventory. A sworn list of the real estate and personal property is due within 60 days after the letters of office are issued (5/14-1).
- Notify creditors. A notice runs in a newspaper once a week for three weeks, and known creditors get a letter. The claim deadline must be at least six months after the first publication (5/18-3).
- Pay what is owed. Valid claims and the costs of the estate are paid before heirs receive their shares.
- Report to the court. An accounting is due within 60 days after the first 12 months, unless everyone with an interest signs consents and the court excuses it (5/24-1).
- Distribute and close. Once the debts are settled, the representative passes the rest to the people named in the will, or to the heirs under Illinois law if there is no will.
Dates to watch
| What | Deadline | Section |
|---|---|---|
| Executor starts probate or declines | 30 days after learning of the role | 5/6-3 |
| Notice to heirs and legatees | 14 days after the order | 5/6-10 |
| Inventory | 60 days after letters issue | 5/14-1 |
| Claims deadline in the notice | At least 6 months after first publication | 5/18-3 |
| Outer limit on most claims | 2 years after the death | 5/18-12 |
| Challenge to the will | 6 months after the will is admitted | 5/8-1 |
Missing one of these can cost someone a right, so keep the table handy.
Independent or supervised administration
Most estates are run without constant court approval. The Probate Act says the court shall grant independent administration when the petition does not ask for supervised administration, unless the will forbids it (5/28-2). Independent means the representative can handle most steps without a court order. Any interested person can later ask the court to end independent status (5/28-4), and the court looks at the request differently when the will itself directs independent administration. Ask early which kind your estate will be, because it changes how often the court is involved.
Get your plan done. Call Jeff.
Tell Jeff about your family, your home and what you want to happen. He'll explain the next step.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
Does every estate need probate?
No. Illinois lets a family collect some small estates with a sworn form instead of a court case. Property can also pass outside probate when it was set up that way before death, through a trust, a recorded transfer on death instrument for real estate, or an account with a named beneficiary. Which route fits depends on what the person owned and how it was titled.
Start with these pages if that is your question:
- The small estate affidavit and its dollar limit
- Ways to avoid probate when you plan ahead
- Transfer on death instruments for a house or land
Where probate happens in Will County
If the person lived in Will County, the estate is filed at the Will County Courthouse, 100 W Jefferson St, Joliet, IL 60432. New estates are filed electronically. The original will goes in on paper. The page on the Will County probate process covers the filing rules and the clerk's fees. The Will County courthouse guide covers parking and the building.
More on probate
- Will County probate process: filing, e-filing and clerk fees
- Small estate affidavit: the $150,000 limit and who can use it
- How long probate takes: the clocks the law sets
- Executor duties: what the law asks of the person in charge
- Trust administration: what a trustee owes the beneficiaries
- Probate cost: what moves the total up or down
- Avoiding probate: the tools and their tradeoffs
- Contesting a will: who can, and the six month window
If you are planning your own estate instead, see estate planning.
How Jeff helps with a probate
Jeff McCarthy has practiced law for more than 30 years. His office is in Lockport. In a probate matter he can read the will, tell you which court and which kind of administration apply, prepare the filings, and keep the deadlines above on a calendar so they do not slip. If you only need to know whether your situation calls for probate at all, that is a fair question to ask on the first call.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about probate
Short answers first. Jeff McCarthy reviews every answer on this page.
Probate is the court process for settling a dead person's estate. The court confirms the will, names a representative, oversees the payment of debts and allows the rest to pass to the right people. The Probate Act of 1975 sets the rules.
The law requires whoever holds the will to file it with the court clerk right after the death. Filing the will is a separate step from opening a full estate. If 30 days pass with no petition, the court may go ahead and probate the will on its own unless probate is unnecessary and nobody is harmed by skipping it (5/6-3).
The county where the person lived. If there was no Illinois home, the case goes to the county holding most of the real estate, and after that to the county holding most of the personal property (5/5-1).
The estate still goes through the court, and Illinois law decides who inherits. A relative then asks to be named administrator, with the order of preference set in 5/9-3. Read more on dying without a will in Illinois.
The deadlines and notice rules apply to everyone, with or without a lawyer. A lawyer can check the paperwork and keep the dates, which matters most when there is real estate or a dispute.
List what the person owned and how each item was titled. Items with a named beneficiary or a co-owner may pass without court. A bank account in the person's name alone, or a house with no trust or transfer on death instrument, usually points to a court case or the small estate affidavit.
Keep reading
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
