
Answering Your Most Frequently Asked Questions About Probate
Dec 19, 2024
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At Illinois Estate Law, we understand that probate can seem overwhelming. Our goal is to demystify the process and provide clear, concise answers to your questions. Below, we address some of the most frequently asked questions about probate to help you navigate this process with confidence.

1. What is probate?
Probate is the legal process through which a deceased person’s estate is settled. It involves validating the will (if there is one), identifying and inventorying the decedent’s assets, paying debts and taxes, and distributing the remaining assets to the rightful beneficiaries.
2. Does every estate have to go through probate?
No, not all estates must go through probate. In Illinois, estates valued at less than $100,000 and without real estate can often be settled using a Small Estate Affidavit. Additionally, assets held in trust, payable-on-death accounts, or jointly owned property with rights of survivorship typically bypass probate.
3. How long does probate take?
The length of the probate process varies depending on the complexity of the estate, the number of creditors, and whether disputes arise. On average, probate in Illinois takes 6 to 12 months. For more complex estates, the process can take longer.
4. What happens if there is no will?
When someone dies without a will (intestate), Illinois law determines how their assets will be distributed. The court appoints an administrator to manage the estate, and the assets are distributed to heirs according to the state’s intestacy laws.
5. What are the costs associated with probate?
Probate costs can include court fees, attorney fees, executor fees, and other administrative expenses. These costs are typically paid from the estate’s assets. While costs vary, they can range from 3% to 7% of the estate’s total value. At Illinois Estate Plan, we charge a flat-fee of $5,000 no matter the size of the estate.