Probate & Estate Administration · DuPage County, Illinois
Steady guidance for executors and families through Illinois probate, from filing to final distribution.
Not every probate dispute is about whether the will is valid. Estates blow up over a hundred other things: an executor who is not doing their job or is helping themselves, an accounting that does not add up, heirs who cannot agree on how to handle property, a creditor’s claim that should not be paid, or a beneficiary who suspects assets are disappearing. Contested probate covers all of it — the conflicts that arise while an estate is being administered. We represent executors, heirs, and beneficiaries on every side of these disputes in DuPage County.
We handle contested probate matters for families across DuPage County and the western suburbs, whether you are an executor under attack, an heir who believes the estate is being mishandled, or a beneficiary fighting to protect your share. You work directly with the attorney on your case, we give you a straight read on the strength of your position, and we push toward the most efficient resolution — settlement when it serves you, litigation when it does not. The goal is to protect what you are entitled to without letting the fight consume the estate.
Related reading: What does a probate lawyer do?
From beneficiary objections to full litigation between heirs.
Petitions to remove an executor for misconduct, conflicts of interest, failure to perform duties, or incompetence.
Objections to executor’s accounting, missing income, unauthorized expenses, improper distributions, unexplained losses.
Self-dealing, conflicts of interest, conversion of estate assets, failure to maximize estate value, civil claims against the fiduciary.
Family disagreements about distribution decisions, valuation of specific bequests, treatment of personal property.
Disagreements about what the will or trust actually means, ambiguous language requiring court interpretation.
Disputed claims against the estate, challenging unsubstantiated debts, defending valid claims that beneficiaries oppose.
Demand letters, negotiation between counsel, potential mediation. Many disputes resolve without filed pleadings.
If informal resolution fails, file petition in probate court (or counterclaim if defending). Discovery begins.
Document production, depositions of executors and witnesses, expert valuations where assets are disputed.
Most contested probates settle during or after discovery. Some proceed to evidentiary hearing or trial.
Not every dispute should become litigation. We assess the strength of your position before recommending an approach.
When possible, we resolve disputes through negotiation rather than filed pleadings. Faster, cheaper, less destructive to family relationships.
When negotiation fails, we’re prepared to litigate. That credibility shapes settlement negotiations from the start.
Probate disputes are civil litigation within probate. Our broader civil litigation experience matters here.
Probate disputes often have decades of family history behind them. We navigate that awareness while still pursuing your legal interests.
Contested probate can spiral into expensive litigation. We help clients evaluate whether continued litigation makes economic sense at each stage.
One of the most common contested-probate matters is the removal of an executor or administrator who is failing the estate — by mismanaging assets, refusing to communicate, paying themselves improperly, favoring one heir, or simply not moving the estate forward. Illinois lets interested parties petition the court to remove a fiduciary who is not meeting their duties and to recover losses the estate suffered. We bring and defend these petitions, and we pursue accountings that force an executor to show exactly what came in, what went out, and where it went.
Beyond executor disputes, we handle disagreements over the validity of creditor claims, fights over how estate property should be valued or sold, breach-of-fiduciary-duty claims, and conflicts among heirs about distribution. Many of these are connected to the same underlying problem — a lack of trust or transparency — and many can be resolved without a full trial once the right pressure and information are in play. We work to get there efficiently, while staying fully prepared to litigate if the other side will not be reasonable.
From our Villa Park office, we represent clients across DuPage County and the western suburbs of Chicago.
When you have specific concerns, missing assets in the inventory, unexplained expenses, distributions that seem incorrect, or executor conduct suggesting self-dealing. Vague disagreement with the executor’s pace or style usually doesn’t justify formal challenge. Consultation early often resolves concerns without litigation.
Only by court order, and only for specific grounds: misconduct, conflict of interest, mismanagement, failure to perform duties, or incapacity. Generalized dislike or distrust isn’t grounds. Removal petitions require evidence, and they’re contested by the executor, so they’re expensive litigation.
Civil claim against an executor or administrator for violating their legal duties to the estate and beneficiaries. Common breaches: self-dealing, conversion of assets, conflicts of interest, failure to maximize estate value, failure to communicate with beneficiaries. Remedies can include damages, removal, and surcharge.
Almost always hourly billed. Simple disputes resolved through negotiation might be $5K-15K. Filed petitions with discovery typically run $25K-75K. Full-blown litigation with trial can exceed $150K. We discuss realistic cost ranges at consultation based on the specific dispute.
Yes, probate court filings are public record. This is one reason many people consider trust-based estate planning, which keeps disputes private (trusts are typically not court-supervised). Probate court hearings are public proceedings.
Often yes. Pre-litigation negotiation between counsel resolves many disputes. Mediation works for some cases. Family settlement agreements where all parties consent can resolve disputes flexibly. Court filing is the last resort, not the first.
Yes. An interested party — an heir or beneficiary — can petition the probate court to remove an executor or administrator who is mismanaging the estate, breaching their duties, failing to account, or acting in their own interest instead of the estate’s. The court can remove the fiduciary, appoint a replacement, and order them to repay losses the estate suffered. We handle both bringing these petitions and defending executors against unfounded ones.
An accounting is a detailed report of everything that has come into and gone out of the estate — assets, income, debts paid, fees, and distributions. Heirs and beneficiaries generally have the right to receive a proper accounting, and if an executor will not provide one or it does not add up, you can ask the court to compel it. An accounting is often the first step in uncovering whether an estate is being handled properly. We use them to bring transparency to a contested estate.
Early intervention saves money and relationships. A free consultation assesses your situation honestly, sometimes the answer is to push hard, sometimes it’s to find common ground.