What Does a Probate Lawyer Do?

If you have just been named executor, or probate is looming after a death in the family, you are probably asking the same first question almost everyone asks: what does a probate lawyer do, and do I even need one? Here is the plain-English answer.

What does a probate lawyer do? In short, a probate lawyer guides the person in charge of an estate, the executor or administrator, through the court process of settling someone's affairs after they die. That means opening the estate, notifying creditors, paying valid debts and taxes, and distributing what is left to the right people, all while keeping everything compliant with Illinois law so the person running the estate does not end up personally on the hook for a mistake.

What a Probate Lawyer Does at Each Stage

Probate runs in stages, and what a probate lawyer does is carry the estate cleanly through each one.

Opening the estate

The lawyer prepares and files the petition with the probate division of the circuit court, gets the will admitted if there is one, and has the executor or administrator formally appointed so they have legal authority to act. In DuPage County that filing goes to the 18th Judicial Circuit in Wheaton.

Notifying creditors and handling claims

Illinois law requires notice to creditors, including publication in a local newspaper, which opens a six-month window for claims. The lawyer manages that notice, reviews claims that come in, and advises which ones the estate must pay and which can be challenged.

Inventorying and valuing assets

The lawyer helps identify and value everything the estate owns, from bank accounts to real estate, and keeps the records the court and the beneficiaries may later want to see.

Paying debts, taxes, and expenses

Valid debts, final income taxes, and any estate tax get paid from estate funds in the right order before anyone inherits. Getting that order wrong is one of the ways an executor can become personally liable, which is a large part of why representation matters.

Distributing assets and closing the estate

Once debts and taxes are settled, the lawyer prepares the accounting, distributes what remains to the heirs or beneficiaries, and closes the estate with the court.

Do You Need a Probate Lawyer in Illinois?

For very small estates, often not. As of 2026, estates with $150,000 or less in personal property and no solely owned real estate can usually be handled with a small estate affidavit instead of formal probate.

For everything else, the answer is usually yes, and not just for convenience. In Illinois, an executor who is not the only beneficiary generally cannot run the estate without a lawyer, because handling an estate on behalf of other people is treated as practicing law. Most represented estates also lean on counsel to avoid the personal-liability traps above. If you have been appointed, see executor of estate attorney services for what that support looks like.

When There Is No Will

If someone dies without a will, the estate still goes through probate, but Illinois intestacy law decides who inherits and in what shares. A probate lawyer handles the added steps of confirming heirs and opening what is called intestate administration, which often takes longer than an estate with a clear will.

When the Estate Is Contested

Sometimes an heir challenges the will, questions the executor, or claims assets are missing. That is where probate turns into litigation. A probate lawyer represents the estate or an interested party in a will contest or other dispute, which is a very different job from a routine administration and a major reason to have experienced counsel from the start.

What It Costs and How Long It Takes

Illinois does not set a fixed percentage for probate. Attorney fees are based on reasonable compensation for the actual work, paid from the estate, and most straightforward estates close in roughly nine to twelve months because of the mandatory six-month creditor period. For a full breakdown, see our guide on how much probate costs in Illinois.

Frequently Asked Questions