Probate & Estate Administration · DuPage County, Illinois
When you are named to settle an estate, you should not have to navigate Illinois probate alone. Steady guidance for executors and families from filing to final distribution.
Probate is the legal process for transferring a deceased person’s assets to their heirs or beneficiaries. In Illinois, it involves filing the will (if one exists) with the appropriate county court, getting the executor formally appointed, identifying and notifying creditors, paying debts and taxes, and ultimately distributing the remaining assets according to the will or Illinois intestacy law.
The probate process can be straightforward or complex depending on the size of the estate, the existence of a valid will, family dynamics, and whether anyone contests anything. We represent executors and administrators through the entire process, handling court filings, creditor notifications, asset transfers, and final distributions.
From simple estates to contested probate proceedings.
We represent executors named in a will through every step of Illinois probate — from petition filing through final distribution.
When there’s no will, the court appoints an administrator. We guide administrators through Illinois intestate probate.
Challenging or defending a will — capacity, undue influence, fraud, improper execution. Both petitioner and respondent representation.
Locating and recovering decedent assets — missing accounts, unclaimed property, hidden financial holdings.
Beneficiary disputes, executor removal petitions, accounting challenges, breach of fiduciary duty claims.
Selling decedent real estate, clearing title for inherited properties, handling probate-related real estate matters.
File petition with DuPage probate court, get executor/administrator officially appointed (4-6 weeks).
Inventory all estate assets, notify creditors via publication and mail. Wait period for creditor claims.
Pay valid creditor claims, file final income tax return, pay any estate taxes. 6-month creditor period.
Distribute remaining assets to heirs or beneficiaries, file final accounting, close probate.
Probate has specific procedural requirements. Errors cause delays and personal liability for executors.
Not all creditor claims are valid. We review claims and defend the estate when appropriate.
Final income tax returns, estate tax returns (if applicable), and asset basis adjustments require careful handling.
Real estate, retirement accounts, life insurance, and personal property each have different transfer procedures.
Probate is when family disputes often surface. Counsel provides neutral process management.
Executors have personal liability for mistakes. Counsel guidance protects you from acting as fiduciary.
From our Villa Park office, we represent clients across DuPage County and the western suburbs of Chicago.
Standard Illinois probate takes 9-18 months from filing to closing. The creditor claim period alone is 6 months from publication. Complex estates, will contests, or contested creditor claims can extend the timeline significantly. Simple estates close on the shorter end of this range.
No. Estates under $100,000 with no real estate can use small estate affidavits. Assets in trusts, joint tenancy, and POD/TOD accounts pass outside probate. Estates with no probate assets need no probate. We can evaluate at consultation.
Costs include court filing fees, publication fees, attorney fees, and any required appraisals or accountings. Total costs typically run 2-5% of estate value for standard cases. Contested or complex estates cost more. Attorney fees are flat-fee or hourly depending on case type.
Executor is the person named in a will to administer the estate. Administrator is appointed by the court when there’s no will (or no named executor available). Both roles have the same duties under court supervision.
Illinois intestacy law determines who inherits and in what proportions. Spouse and children share if both exist; pure spouse takes all if no descendants; parents and siblings inherit if no spouse or descendants. Court appoints an administrator. The estate still goes through probate.
Yes — through advance planning. A properly funded revocable living trust avoids probate for trust-held assets. Joint tenancy, beneficiary designations, and POD/TOD accounts also avoid probate. We help families set up plans that minimize or eliminate probate.
Disputes range from informal disagreements to formal will contests. Most disputes resolve through negotiation. Genuine contests (challenging the will’s validity) require litigation. We handle both sides.
Whether you’ve been named executor or you’re dealing with a loved one’s estate, the first consultation is free. We’ll explain the Illinois process and what to expect.